The Assembly districts were made up of entire towns, or city wards,[1] forming a contiguous area, all within the same county.

The Legislature met for the regular session at the Old State Capitol in Albany on January 3, 1871; and adjourned on April 21.

On April 4, the Legislature re-elected Abram B. Weaver (D) to a second term of three years as Superintendent of Public Instruction.

Subsequently, Irving resigned his seat, and the Democrats could not pass any bills anymore, a vote of 65 being required.

After a week of deadlock, Republican Assemblyman Orange S. Winans voiced his opinion that the Democrats were entitled to a majority, and voted with them, thus passing the pending bills.