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 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 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. 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 was contested, and objections were raised to his taking the seat. In view of the precedent of 1816, 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 was elected Speaker with 63 votes against 62 for Robert H. Pruyn. Elderkin and Pruyn did not vote, as the candidates traditionally did not vote for themselves. After much haggling, James R. Rose was elected Clerk of the Assembly with 64 votes against 63 for the incumbent Philander B. Prindle.
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 was seated in place of Fullerton 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 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

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.
DistrictSenatorPartyNotes
1stWilliam Horace BrownDemocrat
2ndJohn A. Cross*Whig
3rdRichard S. WilliamsWhig
4thClarkson CroliusWhig
5thJames W. Beekman*Whig
6thEdwin D. MorganWhig
7thBenjamin BrandrethDemocrat
8thJohn SnyderDemocrat
9thJames C. CurtisDemocrat
10thMarius SchoonmakerWhigon November 5, 1850, elected to the 32nd U.S. Congress
11thStephen H. JohnsonWhig
12thThomas B. CarrollDemocrat
13thJames M. Cook*Whigon April 9, elected President pro tempore
14thThomas CrookDemocrat
15thWilliam A. DartDemocrat
16thGeorge H. FoxDemocrat
17thSidney TuttleDemocrat
18thJohn NoyesDemocrat
19thCharles A. MannDemocrat
20thAsahel C. StoneDemocrat
21stAlanson SkinnerDemocrat
22ndGeorge Geddes*Whig
23rdLevi DimmickWhig
24thWilliam BeachWhig
25thHenry B. StantonDemocrat
26thGeorge B. GuinnipDemocrat
27thSamuel MillerWhig
28thAlonzo S. UphamWhig
29thCharles Colt*Whig
30thCharles D. RobinsonWhig
31stGeorge R. BabcockWhig
32ndRobert Owen Jr.Whig

Employees

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.

Employees