The 91st New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 7 to May 6, 1868, during the fourth year of Reuben E. Fenton's governorship, 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 (five districts) and Kings County (two districts). The Assembly districts were made up of entire towns, or city wards,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. forming a contiguous area, all within the same county.
On April 25, 1866, the Legislature re-apportioned the Senate districts. The new apportionment was first used at the election of 1867.Laws of the State of New York (89th session) (1866; pg. 1762ff, Chap. 805 "AN ACT to organize the Senate Districts of the State")
According to the Constitution of 1846, twenty years after its elaboration the electorate was asked if they wanted a Constitutional Convention to be held, which was answered at the 1866 New York state election, in the affirmative. On April 23, 1867, the delegates to the Constitutional Convention were elected, resulting in a Republican majority. On June 4, the Constitutional Convention met at Albany; adjourned on September 23; and met again on November 12.
At this time, there were two major political parties: the Republican and the Democratic.
Elections The 1867 New York state election was held on November 5. All eight statewide elective offices up for election were carried by the Democrats. The approximate party strength at this election, as expressed by the vote for secretary of state, was: Democrats 373,000 and Republicans 325,000.
Sessions The Legislature met for the regular session at the Old State Capitol in Albany on January 7, 1868; and adjourned on May 6. At the same time, the Constitutional Convention continued in session.
William Hitchman (D) was elected speaker.
On January 15, Charles J. Folger (R) was re-elected president pro tempore of the State Senate.
On February 12, the Legislature elected Matthew T. Brennan (D) to take office on March 1 as a Metropolitan Police Commissioner, for a term of eight years.The office had been vacant since the death of Police Commissioner John G. Bergen on July 18, 1867. Brennan vacated the office after his election as Sheriff of New York County in November 1870; see AN OLD POLITICIAN DYING; EX-SHERIFF BRENNAN'S ILLNESS in NYT on January 20, 1879
On February 28, the Constitutional Convention adjourned sine die. How to put the proposed amendments before the electorate was then debated throughout this and the next Legislature, and all amendments, except the re-organization of the judicial system, were eventually rejected by the voters at the 1869 New York state election.
On March 31, the trial of Canal Commissioner Robert C. Dorn (R) opened before the New York Court for the Trial of Impeachments, consisting of the State Senate and the judges of the New York Court of Appeals. Assemblymen William S. Clark, John L. Flagg, John C. Jacobs, John F. Little, William Lounsbery, Alpheus Prince, William B. Quinn (all seven Dem.), Nicholas B. La Bau and Edmund L. Pitts (both Rep.) appeared as the Managers to prosecute the impeachment. Smith M. Weed (D) appeared as counsel for the managers. Henry Smith (R) and John H. Reynolds appeared for the defense.
On April 7, the Legislature elected Abram B. Weaver (D) to succeed Victor M. Rice (R) as superintendent of public instruction for a term of three years.
On April 9, Assemblyman Elijah M. K. Glenn (R) accused Assemblyman Alexander Frear to have offered him on March 27 a bribe of $500.
On April 10, a select committee appointed to investigate concluded that "the evidence does not furnish any justification for the charges made by Mr. Glenn against Mr. Frear." Thereupon a resolution was passed to censure Glenn.see Assembly Journal, Vol. II, pg. 919ff
On April 11, Glenn resigned his seat.
On June 12, the impeachment trial ended with the acquittal of Dorn on all articles.
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. Thomas J. Creamer and Henry W. Genet changed from the Assembly to the Senate.
Party affiliations follow the vote for Senate officers.
District Senator Party Notes1stLewis A. Edwards Democrat2ndJames F. Pierce Democrat3rdHenry C. Murphy* Democratre-elected; also a delegate to the Constitutional Convention4thWilliam M. Tweed Democrat5thMichael Norton Democratalso an alderman of New York City6thThomas J. Creamer* Democrat7thJohn J. Bradley Democrat8thHenry W. Genet* Democrat9thWilliam Cauldwell Democrat10thWilliam M. Graham Democrat11thAbiah W. Palmer Republican12thFrancis S. Thayer Republican13thA. Bleecker Banks Democrat14thGeorge Beach Democrat15thCharles Stanford* Republicanre-elected16thMatthew Hale Republicanalso a delegate to the Constitutional Convention17thAbraham X. Parker Republican18thJohn O'Donnell* Republicanre-elected19thSamuel Campbell* Republicanre-elected20thJohn B. Van Petten Republican21stAbner C. Mattoon Republican22ndGeorge N. Kennedy Republican23rdJohn F. Hubbard Jr. Democrat24thOrlow W. Chapman Republican25thStephen K. Williams* Republicanre-elected26thCharles J. Folger* Republicanre-elected; also a delegate to the Constitutional Convention; on January 15, elected president pro tempore27thJohn I. Nicks* Republicanre-elected28thLewis H. Morgan Republican29thRichard Crowley* Republicanre-elected30thWolcott J. Humphrey* Republicanre-elected31stAsher P. Nichols Democrat32ndLorenzo Morris Democrat
Employees Clerk: James Terwilliger Sergeant-at-Arms: John H. Kemper Assistant Sergeant-at-Arms: George H. Knapp Doorkeeper: Charles V. Schram Assistant Doorkeeper: Nathaniel Saxton Assistant Doorkeeper: David L. Shields Assistant Doorkeeper: Elisha T. Burdick
State Assembly Assemblymen The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature. Nicholas B. La Bau changed from the Senate to the Assembly.
Party affiliations follow the listing in the Life Sketches.