104th New York State Legislature
Number104th
StartJanuary 1
EndDecember 31, 1881
VpLt. Gov. George G. Hoskins (R)
Pro temWilliam H. Robertson (R);
Dennis McCarthy (R), from July 22
SpeakerGeorge H. Sharpe (R)
Senators32
Reps128
S-majorityRepublican (25-7)
H-majorityRepublican (81-47)
Sessionnumber 11st
Sessionstart 1January 4
Sessionend 1July 23, 1881
Previous103rd
Next105th

The 104th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 4 to July 23, 1881, during the second year of Alonzo B. Cornell'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 (seven districts) and Kings County (three districts). The Assembly districts were made up of entire towns, or city wards,[1] 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 Republicans were split into two factions: the Stalwarts and the Half-Breeds. The Greenback Party also nominated a ticket.

Elections

The 1880 New York state election was held on November 2. The only statewide elective office up for election was carried by a Republican. The approximate party strength at this election, as expressed by the vote for Chief Judge of the Court of Appeals, was: Republican 563,000; Democratic 518,000; and Greenback 13,000.

Sessions

The Legislature met for the regular session at the State Capitol in Albany on January 4, 1881; and adjourned on July 23.

George H. Sharpe (R) was re-elected Speaker, with 80 votes against 45 for Erastus Brooks (D).[2]

On January 18, the Legislature elected Thomas C. Platt (R) to succeed Francis Kernan (D) as U.S. Senator from New York, for a term beginning on March 4, 1881.[3]

On March 24, President James A. Garfield (Half-Breed) nominated President pro tempore of the State Senate William H. Robertson (Half-Breed) for the office of Collector of the Port of New York. The two U.S. Senators from New York, Roscoe Conkling and Platt (both Stalwarts) openly opposed the nomination, causing deadlock in the Senate which was evenly divided with 37 Republicans, 37 Democrats and two Independents. The office of Collector of the Port of New York was the most profitable federal office in the United States, and Conkling insisted in having a Stalwart appointed, but Garfield did not budge.

On May 16, Conkling and Platt resigned in protest, leaving the Republicans in the minority in the U.S. Senate. Conkling believed that they would be re-elected by the New York State Legislature and would thus show Garfield that they were in a balance of power position.

On May 18, Robertson was confirmed by the U.S. Senate as Collector.

On May 31, the Legislature began the special elections to fill the two vacant seats in the U.S. Senate.

On July 16, Congressman Warner Miller was elected on the 48th ballot to succeed Platt.[4]

On July 22, Congressman Elbridge G. Lapham was elected on the 56th ballot to succeed Conkling,[5] thus ending 53 days of deadlock, the second longest in the history of the New York Legislature.[6] After the election, Robertson resigned his seat in the State Senate, to accept the office of Collector, and Dennis McCarthy was elected president pro tempore.

State Senate

Districts

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.

DistrictSenatorPartyNotes
1stJohn Birdsall*Republican
2ndWilliam H. Murtha*Democrat
3rdFrederick A. Schroeder*Republican
4thJohn C. Jacobs*Democrat
5thEdward Hogan*Democrat
6thJacob Seebacher*Democrat
7thFerdinand Eidman*Republican
8thRobert H. Strahan*Republican
9thFrancis M. Bixby*Democrat
10thWilliam W. Astor*Republican
11thGeorge H. Forster*Republican
12thWilliam H. Robertson*RepublicanPresident pro tempore; resigned after appointment
as Collector of the Port of New York
13thEdward M. Madden*Republican
14thCharles A. Fowler*Democrat
15thStephen H. Wendover*Republican
16thIsaac V. Baker Jr.*Republican
17thWaters W. Braman*Republican
18thWebster Wagner*Republican
19thWilliam W. Rockwell*Republican
20thDolphus S. Lynde*Republican
21stBradley Winslow*Republican
22ndJames Stevens*Democrat
23rdAlbert M. Mills*Republican
24thEdwin G. Halbert*Republican
25thDennis McCarthy*Republicanon July 22, elected president pro tempore
26thWilliam B. Woodin*Republican
27thIra Davenport*Republican
28thGeorge P. Lord*Republican
29thEdmund L. Pitts*Republican
30thJames H. Loomis*Republican
31stBenjamin H. Williams*Republican
32ndLoren B. Sessions*Republicanalso Supervisor of the Town of Harmony

Employees

  • Clerk: John W. Vrooman
  • Sergeant-at-Arms: John W. Corning
  • Doorkeeper: James G. Caw
  • Stenographer: Hudson C. Tanner

State Assembly

Assemblymen

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

DistrictAssemblymenPartyNotes
Albany1stMiner GallupDemocrat
2ndAndrew S. DraperRepublicanunsuccessfully contested by Daniel Casey (D)[7]
3rdAaron B. PrattDemocrat
4thGeorge CampbellRepublican
AlleganySamuel H. Morgan*Republican
BroomeL. Coe YoungRepublican
Cattaraugus1stSamuel H. BradleyRepublican
2ndJoseph M. Congdon*Republican
Cayuga1stThomas HunterRepublican
2ndHector H. Tuthill*Republican
Chautauqua1stAlbert B. SheldonRepublican
2ndMilton M. FennerRepublican
ChemungHenry C. Hoffman*Democrat
ChenangoSolomon K. BemissRepublican
ClintonShepard P. BowenRepublican
ColumbiaJohn Elbert Gillette*Republican
CortlandAlburtis A. CarleyRepublican
DelawareWilliam LewisRepublican
Dutchess1stIsaac S. Carpenter*Republican
2ndJames E. DutcherRepublican
Erie1stJeremiah HigginsDemocrat
2ndFrank Sipp*Republican
3rdArthur W. HickmanRepublican
4thGeorge BinghamRepublican
5thHarvey J. Hurd*Republican
EssexJames W. SheehyRepublican
FranklinWilliam D. Brennan*Republicandied March 7, 1881
Samuel A. BemanRepublican[8]elected to fill vacancy on April 5
Fulton and HamiltonDavid A. Wells*Republican
GeneseeJoseph W. HolmesRepublican
GreeneOrlando L. NewtonDemocrat
HerkimerWilliam D. Gorsline*Republican
Jefferson1stCharles R. Skinner*Republicanon November 8, 1881, elected to the 47th U.S. Congress
to fill vacancy, in place of Warner Miller
2ndHenry BinningerRepublican
Kings1stJohn Shanley*Democrat
2ndJohn McTernan*Democrat
3rdLawrence J. Tormey*Democrat
4thJohn M. Clancy*Democrat
5thThomas J. Sheridan*Democrat
6thPatrick J. Tully*Democrat
7thJohn ReitzRepublican
8thMoses EngleDemocrat
9thCharles H. Russell*Republican
10thRichard J. Newman*Democrat
11thWilliam H. WaringRepublican
12thJaques J. StillwellDemocrat
LewisCharles A. Chickering*Republican
LivingstonKidder M. ScottRepublican
MadisonDavid A. JacksonRepublican
Monroe1stGeorge Le Grand Seeley*Republican
2ndJohn CowlesRepublican
3rdFrederick P. Root*Republican
MontgomeryCornelius Van BurenRepublican
New York1stMichael C. MurphyDemocrat
2ndConstantine DonohoDemocrat
3rdThomas Smith Jr.Democrat
4thJohn Henry McCarthy*Democrat
5thThomas BoganDemocrat
6thMatthew PattenDemocrat
7thIsaac Israel Hayes*Republicandied on December 17, 1881
8thJohn E. Brodsky*Republican
9thJohn W. BrowningDemocrat
10thCharles E. BrehmRepublican
11thRobert Ray HamiltonRepublican
12thLouis Cohen*Democrat
13thArthur D. WilliamsRepublican
14thJohn MurphyDemocrat
15thMichael J. Dougherty*Democrat
16thFrancis B. SpinolaDemocrat
17thJames FanningDemocrat
18thJoseph P. McDonoughDemocrat
19thWilliam B. FinleyDemocrat
20thFrederick Thilemann Jr.*Democrat
21stWilliam J. TrimbleRepublican
22ndWilliam S. AndrewsDemocrat
23rdCharles W. DaytonDemocrat
24thWilliam W. NilesDemocrat
Niagara1stElijah Adams HoltRepublican
2ndJames Low*Republican
Oneida1stJames ArmstrongRepublican
2ndDavid G. EvansRepublican
3rdThomas D. RobertsRepublican
Onondaga1stThomas G. Alvord*Republican
2ndAlbert Howland*Republican
3rdHenry L. Duguid*Republican
OntarioJohn RainesRepublican
Orange1stJoseph M. DickeyRepublican
2ndWilliam Harvey ClarkDemocrat
OrleansMarcus H. Phillips*Republican
Oswego1stPatrick W. Cullinan*Republican
2ndWilliam H. Steele*Republican
Otsego1stJ. Stanley Browne[9]Democrat
2ndDavid RussellRepublican
PutnamSamuel H. EverettRepublican
Queens1stTownsend D. CockDemocrat
2ndGeorge E. BulmerDemocrat
Rensselaer1stCharles E. PattersonDemocrat
2ndRichard A. DerrickRepublican
3rdBarnis C. Strait*Democrat
RichmondErastus BrooksDemocratMinority Leader
RocklandJohn ClearyDemocrat
St. Lawrence1stDaniel Peck*Republican
2ndWorth Chamberlain*Republican
3rdEbenezer S. Crapser*Republican
Saratoga1stBenjamin F. Baker*Republican
2ndDelcour S. Potter*Republican
SchenectadyGeorge LasherRepublican
SchoharieJohn J. DominicDemocrat
SchuylerLewis Beach*Republican
SenecaSamuel R. WellesDemocrat
Steuben1stCharles S. LongwellDemocrat
2ndRussell M. Tuttle*Republican
SuffolkEverett A. Carpenter*Republican
SullivanEdward H. PinneyDemocrat
TiogaEdward G. Nowlan*Republican
TompkinsTruman BoardmanRepublican
Ulster1stGeorge H. Sharpe*Republicanre-elected Speaker
2ndMarius TurckRepublican
3rdThomas E. Benedict*Democrat
WarrenBenjamin C. ButlerRepublican
Washington1stHiram Sisson*Republican
2ndJames E. GoodmanRepublican
Wayne1stRowland RobinsonRepublican
2ndAddison W. GatesRepublican
Westchester1stWilliam F. MollerDemocrat
2ndWilliam H. Catlin*Democrat
3rdJames W. Husted*Republicanpreviously a member from Rockland Co.
WyomingGeorge M. PalmerRepublican
YatesAsa P. Fish*Republican

Employees

  • Clerk: Edward M. Johnson
  • Sergeant-at-Arms: Sidney M. Robinson
  • Doorkeeper: Henry Wheeler
  • First Assistant Doorkeeper: Michael Maher
  • Second Assistant Doorkeeper: John W. Wheeler
  • Stenographer: Worden E. Payne

Notes

  1. ^ 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.
  2. ^ OPENING DAY AT ALBANY in NYT on January 5, 1881
  3. ^ BUSY STATE LEGISLATORS in NYT on January 19, 1881
  4. ^ CONKLING'S RANKS BROKEN; ELECTION OF WARNER MILLER TO SUCCEED PLATT in NYT on July 17, 1881
  5. ^ ROSCOE CONKLING BEATEN; ELDRIDGE G. LAPHAM ELECTED HIS SUCCESSOR in NYT on July 23, 1881
  6. ^ The longest deadlock in the State Legislature occurred in 1911 when it took 74 days to elect a U.S. Senator, and all legislative business was blocked from the beginning of the session until April 1.
  7. ^ see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1899; pg. 596–606)
  8. ^ Franklin Gazette, 8 April 1881, page 3 https://www.nyshistoricnewspapers.org/?a=d&d=fg18810408-01.1.3&e=-------en-20--1--txt-txIN----------
  9. ^ J. Stanley Browne, see Bio until 1892

Sources