73rd New York State Legislature
← 72nd 74th →
The Old State Capitol (1879)
Overview
Legislative body	New York State Legislature
Jurisdiction	New York,United States
Term	January 1 – December 31, 1850
Senate
Members	32
President	Lt. Gov.George W. Patterson (W)
Temporary President	James M. Cook (W), from April 9
Party control	Whig (17-15)
Assembly
Members	128
Speaker	Noble S. Elderkin (D), left on January 26; Robert H. Pruyn (W), Acting, from January 28 to March 13; Ferral C. Dininny (D), Acting, from March 13
Party control	Democratic (65-63)
Sessions
1st January 1 – April 10, 1850

The73rd New York State Legislature, consisting of theNew York State Senate and theNew York State Assembly, met from January 1 to April 10, 1850, during the second year ofHamilton Fish's governorship, inAlbany.

Under the provisions of theNew 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: theDemocratic Party and theWhig Party. After the split in1848, the Democratic factions (seeBarnburners and Hunkers andFree Soil Party) held separate state conventions, but ran joint tickets. TheAnti-Rent Party mostly endorsed Whig or Democratic nominees, and was the balance of power at this election.

The1849 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."

The Legislature met for the regular session at the Old State Capitol inAlbany 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 ofDaniel Fullerton (W) was contested, and objections were raised to his taking the seat. In view of the precedent of 1816 (see39th 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 electedSpeaker with 63 votes against 62 forRobert H. Pruyn (W). Elderkin and Pruyn did not vote, as the candidates traditionally did not vote for themselves.^[1] After much haggling,James R. Rose (D) was elected Clerk of the Assembly with 64 votes against 63 for the incumbentPhilander 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.^[2]

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.

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.

• Clerk:William H. Bogart
• Sergeant-at-Arms: George W. Bull
• Doorkeeper: Ransom Van Valkenburgh
• Assistant Doorkeeper: George A. Loomis

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.

• Clerk:James R. Rose
• Sergeant-at-Arms: Samuel Reynolds
• Doorkeeper: John K. Anderson
• First Assistant Doorkeeper: Matthew Higgins
• Second Assistant Doorkeeper: Thomas Hollenbeck

• 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)

• New York (state) legislative sessions
• 1850 in New York (state)
• 1850 U.S. legislative sessions
• William A. Wheeler

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