The 73rd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 1 to April 10, 1850, during the second year of Hamilton Fish's governorship, in Albany.
Background Under the provisions of the New York Constitution of 1846, 32 Senators were elected in single-seat senatorial districts for a two-year term, the whole Senate being renewed biennially. The senatorial districts (except those in New York City) were made up of entire counties. 128 Assemblymen were elected in single-seat districts to a one-year term, the whole Assembly being renewed annually. The Assembly districts were made up of entire towns, or city wards, forming a contiguous area, all in the same county. The City and County of New York was divided into four senatorial districts, and 16 Assembly districts.
At this time there were two major political parties: the Democratic Party and the Whig Party. After the split in 1848, the Democratic factions (see Barnburners and Hunkers and Free Soil Party) held separate state conventions, but ran joint tickets. The Anti-Rent Party mostly endorsed Whig or Democratic nominees, and was the balance of power at this election.
Elections The 1849 New York state election was held on November 6. The eight statewide elective offices up for election were carried by 4 Whigs, 3 Hunkers and 1 Barnburner, all of whom had been endorsed by the Anti-Renters.
17 Whigs and 15 Democrats were elected to a two-year term in the State Senate (1850–1851). 64 Whigs and 64 Democrats were declared elected to the State Assembly, resulting in a "split Assembly."
Sessions The Legislature met for the regular session at the Old State Capitol in Albany on January 1, 1850; and adjourned on April 10.
64 Democrats and 64 Whigs appeared at the opening of the session, constituting a "split assembly." The election of Daniel Fullerton (W) was contested, and objections were raised to his taking the seat. In view of the precedent of 1816 (see 39th New York State Legislature#Sessions), upon taking his seat, Fullerton "claimed to have been fairly, legally and equitably chosen," but "not desiring to cause any delay or embarrassment in the organization of the House," he "declined to vote or take any part in the election of officers of the House." Noble S. Elderkin (D) was elected Speaker with 63 votes against 62 for Robert H. Pruyn (W). Elderkin and Pruyn did not vote, as the candidates traditionally did not vote for themselves.see Journal of the Assembly (73rd Session) (1850; pg. 7f) After much haggling, James R. Rose (D) was elected Clerk of the Assembly with 64 votes against 63 for the incumbent Philander B. Prindle (W).
On January 24, leave of absence for two weeks was granted to Speaker Elderkin to go home to his ill wife
On January 26, Robert H. Pruyn was chosen, by unanimous consent, Speaker pro tempore to preside over the Assembly during the absence of Speaker Elderkin who was expected to return at some later time, but did not appear again during the remainder of the session.Elderkin's wife died on April 8, and his father on May 19, 1850.
On February 26, Daniel T. Durland (D) was seated in place of Fullerton (W) which ended the "split Assembly" and gave the Democrats a nominal majority of 2. Due to the absence of Speaker Elderkin, de facto the Whigs had a majority of 1, which was inverted after seating Durland.
On March 13, Ferral C. Dininny (D) was elected Speaker pro tempore, to succeed Pruyn, to preside over the Assembly during the continued absence of Speaker Elderkin who was by then not expected to return during this session.
State Senate Districts
1st District: Queens, Richmond and Suffolk counties 2nd District: Kings County 3rd District: 1st, 2nd, 3rd, 4th, 5th and 6th wards of New York City 4th District: 7th, 10th, 13th and 17th wards of New York City 5th District: 8th, 9th and 14th wards of New York City 6th District: 11th, 12th, 15th, 16th, 18th, 19th, 20th, 21st and 22nd wards of New York City 7th District: Putnam, Rockland and Westchester counties 8th District: Columbia and Dutchess counties 9th District: Orange and Sullivan counties 10th District: Greene and Ulster counties 11th District: Albany and Schenectady counties 12th District: Rensselaer County 13th District: Saratoga and Washington counties 14th District: Clinton, Essex and Warren counties 15th District: Franklin and St. Lawrence counties 16th District: Fulton, Hamilton, Herkimer and Montgomery counties 17th District: Delaware and Schoharie counties 18th District: Chenango and Otsego counties 19th District: Oneida County 20th District: Madison and Oswego counties 21st District: Jefferson and Lewis counties 22nd District: Onondaga County 23rd District: Broome, Cortland and Tioga counties 24th District: Cayuga and Wayne counties 25th District: Seneca, Tompkins and Yates counties 26th District: Chemung and Steuben counties 27th District: Monroe County 28th District: Genesee, Niagara and Orleans counties 29th District: Livingston and Ontario counties 30th District: Allegany 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. John A. Cross and James W. Beekman changed from the Assembly to the Senate.
District Senator Party Notes1stWilliam Horace Brown Democrat2ndJohn A. Cross* Whig 3rdRichard S. Williams Whig4thClarkson Crolius Whig5thJames W. Beekman* Whig6thEdwin D. Morgan Whig7thBenjamin Brandreth Democrat8thJohn Snyder Democrat9thJames C. Curtis Democrat10thMarius Schoonmaker Whigon November 5, 1850, elected to the 32nd U.S. Congress11thStephen H. Johnson Whig12thThomas B. Carroll Democrat13thJames M. Cook* Whigon April 9, elected president pro tempore14thThomas Crook Democrat15thWilliam A. Dart Democrat16thGeorge H. Fox Democrat17thSidney Tuttle Democrat18thJohn NoyesJohn Noyes (c. 1798–1852), son of State Senator John Noyes (c. 1769–1830); see History of Preston, NY Democrat19thCharles A. Mann Democrat20thAsahel C. Stone Democrat21stAlanson Skinner Democrat22ndGeorge Geddes* Whig23rdLevi Dimmick Whig24thWilliam Beach Whig25thHenry B. Stanton Democrat26thGeorge B. Guinnip Democrat27thSamuel Miller Whig28thAlonzo S. Upham Whig 29thCharles Colt* Whig30thCharles D. Robinson Whig31stGeorge R. Babcock Whig32ndRobert Owen Jr. Whig
Employees Clerk: William H. Bogart Sergeant-at-Arms: George W. Bull Doorkeeper: Ransom Van Valkenburgh Assistant Doorkeeper: George A. Loomis
State Assembly Assemblymen The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature. Frederick S. Martin changed from the Senate to the Assembly.
Party affiliations follow the vote on Speaker.
District Assemblymen Party Notes Albany1stCornelius Vanderzee Democrat2ndJoel B. Nott Whig3rdRobert H. Pruyn* Whigon January 26, elected Speaker pro tempore4thWilliam S. Shepard Whig Allegany1stAnthony T. Wood Whig2ndJoseph Corey Democrat BroomeEdward Y. Park Whig Cattaraugus1stFrederick S. Martin* Whigon November 5, 1850, elected to the 32nd U.S. Congress2ndHorace C. Young* Whig Cayuga1stHiram Koon Democrat2ndJohn Richardson Whig3rdAshbel Avery Whig Chautauqua1stJohn P. Hall Whig2ndSamuel Barrett Whig ChemungPhilo Jones Democrat Chenango1stIsaac L. F. Cushman Democrat2ndRufus Chandler Democrat ClintonGorton T. Thomas Democrat Columbia1stPhilip G. Lasher Whig2ndJohn H. Overhiser Democrat CortlandLewis Kingsley Whig Delaware1stGeorge H. Winsor Democrat2ndRichard Morse Whig Dutchess1stCharles Robinson Democrat2ndMiner C. Story Democrat3rdStephen Haight Whig Erie1stOrlando Allen Whig2ndElijah Ford Democrat3rdIra E. Irish Whig4thJoseph Candee Whig EssexGeorge W. Goff* Whig FranklinWilliam A. Wheeler Whig Fulton and HamiltonCyrus H. Brownell Democrat Genesee1stJohn C. Gardner Whig2ndMartin C. Ward* Whig Greene1stAlonzo Greene Democrat2ndTheodore L. Prevost Whig Herkimer1stAsa Vickery Democrat2ndHumphrey G. Root Democrat Jefferson1stJohn Winslow Democrat2ndJoel Haworth Democrat3rdAlfred Fox Democrat Kings1stJoseph A. Yard Democrat2ndEdwards W. Fiske* Whig3rdJohn H. Baker Whig LewisJohn Newkirk Democrat Livingston1stArchibald H. McLean* Whig2ndPhilip Woodruff* Whig Madison1stJohn Clark Whig2ndThomas O. Bishop Democrat Monroe1stM. Day Hicks Whig2ndL. Ward Smith* Whig3rdElisha Harmon* Whig Montgomery1stSamuel G. Green Whig2ndCharles Hubbs Democrat New York1stJohn H. White Whig2ndJames Bowen* Whig3rdHenry J. Allen* Democrat4thAbram Wakeman Whig5thThomas Truslow Whig6thJonathan W. Allen Whig7thHenry J. Raymond Whig8thBenjamin W. Bradford Whig9thJeremiah V. D. B. Fowler Democrat10thJames Monroe Whig11thGilbert C. Deane Democrat12thAbraham B. Davis Democrat13thJoseph B. Varnum Jr.* Whig14thGeorge G. Waters Whig15thJohn J. Townsend Whig16thAlbert Gilbert* Whig Niagara1stGeorge W. Jermain Whig2ndJames Van Horn Jr. Whig Oneida1stWilliam J. Bacon Whig2ndRalph McIntosh Democrat3rdRobert Frazier Democrat4thLuther Leland Democrat Onondaga1stJames Little Democrat2ndBenjamin J. Cowles Whig3rdElias W. Leavenworth Whig4thHarvey G. Andrews Democrat Ontario1stJohn L. Dox Whig2ndJosiah Porter* Whig Orange1stWilliam Graham Democrat2ndAlbert G. Owen Democrat 3rdDaniel Fullerton Whigcontested; seat vacated on February 26Daniel T. Durland Democratseated on February 26see A Compilation of Cases of Contested Elections to Seats in the Assembly of the State of New York (1871; pg. 228–240) OrleansSilas M. Burroughs Democrat Oswego1stWilliam Lewis Jr. Democrat2ndLuke D. Smith Democrat Otsego1stAnson C. Parshall Democrat2ndJoseph Peck Democrat3rdEdward Pratt Democrat PutnamWilliam Bowne Democrat QueensJohn S. Snedeker Democrat Rensselaer1stGeorge Lesley Whig2ndEdward P. Pickett Democrat3rdLansing Sheldon Democrat RichmondBenjamin P. Prall Democrat RocklandBrewster J. Allison Democrat St. Lawrence1stHarlow Godard* Democrat2ndJohn Horton Democrat3rdNoble S. Elderkin* Democraton January 1, elected Speaker; left Assembly on January 26, to be with his dying wife Saratoga1stJames Noxon Democrat2ndFrederick J. Wing Whig SchenectadyJames Allen Whig Schoharie1stDaniel D. Dodge Democrat2ndJohn Avery Democrat SenecaAlfred Bolter Democrat Steuben1stEdwin F. Church Democrat2ndFerral C. Dininny Democraton March 13, elected Speaker pro tempore3rdJames Alley Whig Suffolk1stDavid Pierson Democrat2ndWalter Scudder Democrat SullivanJames F. Bush* Whig TiogaIsaac Lott Whig Tompkins1stHenry Brewer Democrat2ndElias W. Cady Whig Ulster1stMilton Sheldon Democrat2ndJohn P. Davis Democrat WarrenCyrus Burnham Democrat Washington1stDavid Sill Whig2ndCalvin Pease Whig Wayne1stJames M. Wilson Democrat2ndElihu Durfee Whig Westchester1stWilliam H. Robertson* Whig2ndJesse Lyon Democrat WyomingJames Sprague Whig YatesMelatiah H. Lawrence Democrat
Employees Clerk: James R. Rose Sergeant-at-Arms: Samuel Reynolds Doorkeeper: John K. Anderson First Assistant Doorkeeper: Matthew Higgins Second Assistant Doorkeeper: Thomas Hollenbeck
Notes
Sources The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) [pg. 109 for Senate districts; pg. 136 for senators; pg. 148–157 for Assembly districts; pg. 238ff for assemblymen] Journal of the Senate (73rd Session) (1850)