New York State Election, 1851 - Contested Election

Contested Election

The Whig candidate James M. Cook was declared elected State Treasurer with a majority of only 228 votes, but Attorney General Chatfield contested the result in the New York Supreme Court in favor of Welch, claiming that ballots with a name similar to that of the candidate Benjamin Welch, Jr., had been counted as "scattering" but had been intended for Welch. In fact the official state canvass shows ballots for "Benjamin Welch" in Chemung (68), Kings (1), Saratoga (1) and Tompkins (47), "B. Welch" in Chenango (1), Livingston (1) and New York (1), "B. J. Welch" in Livingston (1), and "Benjamin C. Welch, Jr." in Ontario (32); a total of 153. On the other side, the official canvass also shows votes for "J. M. Cook" in Kings (1), "J. W. Cook" in Livingston (2), "Cook" in New York (2), "James Cook" in Saratoga (1), "James A. Cook" in Suffolk (15) and "John M Cook" in Yates (1), a total of 22. Besides, votes from several election districts were disallowed on technicalities (49 for Welch and 24 for Cook in Chesterfield, Essex County, New York; 332 for Welch and 66 for Cook in the second election district of the 14th Ward in New York City). On September 30, 1852, the election result was reversed by the Supreme Court, but Cook refused to deliver the office and the books. Welch sued for the delivery of the books, but the motion was denied. After some more legal proceedings, Welch took office as Treasurer for the remainder of the term on November 20, 1852.

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