73rd New York State Legislature
# 73rd New York State Legislature

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 New York state election, 1849 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. 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.

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

### 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 | Notes |
| - | - | - | - |
| 1st | William Horace Brown | Democrat | |
| 2nd | John A. Cross* | Whig | |
| 3rd | Richard S. Williams | Whig | |
| 4th | Clarkson Crolius | Whig | |
| 5th | James W. Beekman* | Whig | |
| 6th | Edwin D. Morgan | Whig | |
| 7th | Benjamin Brandreth | Democrat | |
| 8th | John Snyder | Democrat | |
| 9th | James C. Curtis | Democrat | |
| 10th | Marius Schoonmaker | Whig | on November 5, 1850, elected to the 32nd U.S. Congress |
| 11th | Stephen H. Johnson | Whig | |
| 12th | Thomas B. Carroll | Democrat | |
| 13th | James M. Cook* | Whig | on April 9, elected president pro tempore |
| 14th | Thomas Crook | Democrat | |
| 15th | William A. Dart | Democrat | |
| 16th | George H. Fox | Democrat | |
| 17th | Sidney Tuttle | Democrat | |
| 18th | John Noyes | Democrat | |
| 19th | Charles A. Mann | Democrat | |
| 20th | Asahel C. Stone | Democrat | |
| 21st | Alanson Skinner | Democrat | |
| 22nd | George Geddes* | Whig | |
| 23rd | Levi Dimmick | Whig | |
| 24th | William Beach | Whig | |
| 25th | Henry B. Stanton | Democrat | |
| 26th | George B. Guinnip | Democrat | |
| 27th | Samuel Miller | Whig | |
| 28th | Alonzo S. Upham | Whig | |
| 29th | Charles Colt* | Whig | |
| 30th | Charles D. Robinson | Whig | |
| 31st | George R. Babcock | Whig | |
| 32nd | Robert 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 | District | Assemblymen | Party | Notes |
| - | - | - | - | - |
| Albany | 1st | Cornelius Vanderzee | Democrat | |
| Albany | 2nd | Joel B. Nott | Whig | |
| Albany | 3rd | Robert H. Pruyn* | Whig | on January 26, elected Speaker pro tempore |
| Albany | 4th | William S. Shepard | Whig | |
| Allegany | 1st | Anthony T. Wood | Whig | |
| Allegany | 2nd | Joseph Corey | Democrat | |
| Broome | Broome | Edward Y. Park | Whig | |
| Cattaraugus | 1st | Frederick S. Martin* | Whig | on November 5, 1850, elected to the 32nd U.S. Congress |
| Cattaraugus | 2nd | Horace C. Young* | Whig | |
| Cayuga | 1st | Hiram Koon | Democrat | |
| Cayuga | 2nd | John Richardson | Whig | |
| Cayuga | 3rd | Ashbel Avery | Whig | |
| Chautauqua | 1st | John P. Hall | Whig | |
| Chautauqua | 2nd | Samuel Barrett | Whig | |
| Chemung | Chemung | Philo Jones | Democrat | |
| Chenango | 1st | Isaac L. F. Cushman | Democrat | |
| Chenango | 2nd | Rufus Chandler | Democrat | |
| Clinton | Clinton | Gorton T. Thomas | Democrat | |
| Columbia | 1st | Philip G. Lasher | Whig | |
| Columbia | 2nd | John H. Overhiser | Democrat | |
| Cortland | Cortland | Lewis Kingsley | Whig | |
| Delaware | 1st | George H. Winsor | Democrat | |
| Delaware | 2nd | Richard Morse | Whig | |
| Dutchess | 1st | Charles Robinson | Democrat | |
| Dutchess | 2nd | Miner C. Story | Democrat | |
| Dutchess | 3rd | Stephen Haight | Whig | |
| Erie | 1st | Orlando Allen | Whig | |
| Erie | 2nd | Elijah Ford | Democrat | |
| Erie | 3rd | Ira E. Irish | Whig | |
| Erie | 4th | Joseph Candee | Whig | |
| Essex | Essex | George W. Goff* | Whig | |
| Franklin | Franklin | William A. Wheeler | Whig | |
| Fulton and Hamilton | Fulton and Hamilton | Cyrus H. Brownell | Democrat | |
| Genesee | 1st | John C. Gardner | Whig | |
| Genesee | 2nd | Martin C. Ward* | Whig | |
| Greene | 1st | Alonzo Greene | Democrat | |
| Greene | 2nd | Theodore L. Prevost | Whig | |
| Herkimer | 1st | Asa Vickery | Democrat | |
| Herkimer | 2nd | Humphrey G. Root | Democrat | |
| Jefferson | 1st | John Winslow | Democrat | |
| Jefferson | 2nd | Joel Haworth | Democrat | |
| Jefferson | 3rd | Alfred Fox | Democrat | |
| Kings | 1st | Joseph A. Yard | Democrat | |
| Kings | 2nd | Edwards W. Fiske* | Whig | |
| Kings | 3rd | John H. Baker | Whig | |
| Lewis | Lewis | John Newkirk | Democrat | |
| Livingston | 1st | Archibald H. McLean* | Whig | |
| Livingston | 2nd | Philip Woodruff* | Whig | |
| Madison | 1st | John Clark | Whig | |
| Madison | 2nd | Thomas O. Bishop | Democrat | |
| Monroe | 1st | M. Day Hicks | Whig | |
| Monroe | 2nd | L. Ward Smith* | Whig | |
| Monroe | 3rd | Elisha Harmon* | Whig | |
| Montgomery | 1st | Samuel G. Green | Whig | |
| Montgomery | 2nd | Charles Hubbs | Democrat | |
| New York | 1st | John H. White | Whig | |
| New York | 2nd | James Bowen* | Whig | |
| New York | 3rd | Henry J. Allen* | Democrat | |
| New York | 4th | Abram Wakeman | Whig | |
| New York | 5th | Thomas Truslow | Whig | |
| New York | 6th | Jonathan W. Allen | Whig | |
| New York | 7th | Henry J. Raymond | Whig | |
| New York | 8th | Benjamin W. Bradford | Whig | |
| New York | 9th | Jeremiah V. D. B. Fowler | Democrat | |
| New York | 10th | James Monroe | Whig | |
| New York | 11th | Gilbert C. Deane | Democrat | |
| New York | 12th | Abraham B. Davis | Democrat | |
| New York | 13th | Joseph B. Varnum Jr.* | Whig | |
| New York | 14th | George G. Waters | Whig | |
| New York | 15th | John J. Townsend | Whig | |
| New York | 16th | Albert Gilbert* | Whig | |
| Niagara | 1st | George W. Jermain | Whig | |
| Niagara | 2nd | James Van Horn Jr. | Whig | |
| Oneida | 1st | William J. Bacon | Whig | |
| Oneida | 2nd | Ralph McIntosh | Democrat | |
| Oneida | 3rd | Robert Frazier | Democrat | |
| Oneida | 4th | Luther Leland | Democrat | |
| Onondaga | 1st | James Little | Democrat | |
| Onondaga | 2nd | Benjamin J. Cowles | Whig | |
| Onondaga | 3rd | Elias W. Leavenworth | Whig | |
| Onondaga | 4th | Harvey G. Andrews | Democrat | |
| Ontario | 1st | John L. Dox | Whig | |
| Ontario | 2nd | Josiah Porter* | Whig | |
| Orange | 1st | William Graham | Democrat | |
| Orange | 2nd | Albert G. Owen | Democrat | |
| Orange | 3rd | Daniel Fullerton | Whig | contested; seat vacated on February 26 |
| Orange | 3rd | Daniel T. Durland | Democrat | seated on February 26 |
| Orleans | Orleans | Silas M. Burroughs | Democrat | |
| Oswego | 1st | William Lewis Jr. | Democrat | |
| Oswego | 2nd | Luke D. Smith | Democrat | |
| Otsego | 1st | Anson C. Parshall | Democrat | |
| Otsego | 2nd | Joseph Peck | Democrat | |
| Otsego | 3rd | Edward Pratt | Democrat | |
| Putnam | Putnam | William Bowne | Democrat | |
| Queens | Queens | John S. Snedeker | Democrat | |
| Rensselaer | 1st | George Lesley | Whig | |
| Rensselaer | 2nd | Edward P. Pickett | Democrat | |
| Rensselaer | 3rd | Lansing Sheldon | Democrat | |
| Richmond | Richmond | Benjamin P. Prall | Democrat | |
| Rockland | Rockland | Brewster J. Allison | Democrat | |
| St. Lawrence | 1st | Harlow Godard* | Democrat | |
| St. Lawrence | 2nd | John Horton | Democrat | |
| St. Lawrence | 3rd | Noble S. Elderkin* | Democrat | on January 1, elected Speaker; left Assembly on January 26, to be with his dying wife |
| Saratoga | 1st | James Noxon | Democrat | |
| Saratoga | 2nd | Frederick J. Wing | Whig | |
| Schenectady | Schenectady | James Allen | Whig | |
| Schoharie | 1st | Daniel D. Dodge | Democrat | |
| Schoharie | 2nd | John Avery | Democrat | |
| Seneca | Seneca | Alfred Bolter | Democrat | |
| Steuben | 1st | Edwin F. Church | Democrat | |
| Steuben | 2nd | Ferral C. Dininny | Democrat | on March 13, elected Speaker pro tempore |
| Steuben | 3rd | James Alley | Whig | |
| Suffolk | 1st | David Pierson | Democrat | |
| Suffolk | 2nd | Walter Scudder | Democrat | |
| Sullivan | Sullivan | James F. Bush* | Whig | |
| Tioga | Tioga | Isaac Lott | Whig | |
| Tompkins | 1st | Henry Brewer | Democrat | |
| Tompkins | 2nd | Elias W. Cady | Whig | |
| Ulster | 1st | Milton Sheldon | Democrat | |
| Ulster | 2nd | John P. Davis | Democrat | |
| Warren | Warren | Cyrus Burnham | Democrat | |
| Washington | 1st | David Sill | Whig | |
| Washington | 2nd | Calvin Pease | Whig | |
| Wayne | 1st | James M. Wilson | Democrat | |
| Wayne | 2nd | Elihu Durfee | Whig | |
| Westchester | 1st | William H. Robertson* | Whig | |
| Westchester | 2nd | Jesse Lyon | Democrat | |
| Wyoming | Wyoming | James Sprague | Whig | |
| Yates | Yates | Melatiah 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
