United States Senate elections in New York, 1789

The 1789 United States Senate election in New York was held in July 1789 to elect two U.S. Senators to represent the State of New York in the United States Senate. It was the first such election, and before the actual election the New York State Legislature had to establish the proceedings how to elect the senators.

Background

The United States Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, and then ratified by the States. On July 8, 1788, the Congress of the Confederation passed a resolution calling the first session of the First United States Congress for March 4, 1789, and the election of U.S. Senators and U.S. Representatives in the meanwhile by the States. New York ratified the U.S. Constitution on July 26, 1788.

Legislation

In February and March 1789, the 12th New York State Legislature (term 1788-89)^[1] debated at length "An act for prescribing the times, places and manner of holding elections for Senators of the United States of America, to be chosen in this State" but the Anti-Federalist Assembly majority and the Federalist Senate majority could not agree, and they adjourned on March 3, 1789, without having elected U.S. Senators. Both sides expected to win the State election in April.

On June 4, 1789, Governor George Clinton called an extra session^[2] of the State Legislature to convene on July 6 at City Hall in Albany, New York. At the State election in April 1789, for a term beginning on July 1, a large Federalist majority had been elected to the New York State Assembly (65 members), estimated by State Senator James Duane at 42 to 22. The New York State Senate (24 members) continued with a slim Federalist majority.

The 13th New York State Legislature (term 1789-90) convened on July 6, and on July 11 passed "An act directing the manner of electing Senators to represent this State in the Senate of the United States," which required the election to be made by "concurrent vote" of both houses of the Legislature. This meant, if only one U.S. Senator was to be elected, that each house nominated a candidate, and if both houses nominated the same person ("concurred"), the nominee was elected. If the Assembly nominated one, the Senate another, then the Senate's nominee was voted upon in the Assembly and the Assembly's nominee in the Senate; if none of the nominees was accepted by the other house, the proceedings started at the beginning. If two U.S. Senators were to be elected, and Assembly and Senate chose different nominees, then the Assembly should elect one of the two Senate nominees, and the Senate one of the two Assembly nominees, effectively leaving one seat to be filled by each house of the Legislature.^[3]

On July 13, the law was submitted to the Council of Revision. On July 15, the Council objected to the law in two points:

The Council argued that the choice of U.S. Senators by the State Legislature, under the U.S. Constitution, did not require a State law, since the State Legislature does not act in its legislative capacity, and the U.S. senators may be chosen simply by concurrent resolution. On the other side, if the U.S. Senators were appointed by a State law passed by the State Legislature, the Council of Revision could object to the appointees, forcing to demand a two-thirds majority to overcome the Council's veto.
The Council also took exception to the splitting of the seats in the case of two vacancies which would lead to one or both of the U.S. Senators being elected contrary to the wishes of one or both of the houses of the State Legislature.

Thus the law was vetoed, and the State Legislature was left to fill the seats without written rules. In practice, the Assembly and the Senate separately took a vote, and if the winner in both houses was the same, he was declared elected. If Assembly and Senate chose different persons, the houses met for a joint ballot, which occurred for the first time in 1802.

Election and aftermath

On July 16, after the Council of Revision had vetoed the law, State Senator Philip Schuyler and Assemblyman Rufus King, two Federalists, were appointed to the U.S. Senate by a joint resolution of both houses of the State Legislature. King took his seat on July 25, and drew the lot for Class 3, his term expiring on March 3, 1795. Schuyler took his seat on July 27, and drew the lot for Class 1, his term expiring on March 3, 1791. The 1st United States Congress convened at New York City, as did the regular session of the New York State Legislature in January 1790. Schuyler retained his seat in the State Senate while serving concurrently in the U.S. Senate.^[4] Schuyler was also elected on January 15 a member of the State's Council of Appointments which consisted of the Governor of New York, and four State Senators elected annually by the State Assembly. On January 27, the New York State Legislature resolved that it was "incompatible with the U.S. Constitution for any person holding an office under the United States government at the same time to have a seat in the Legislature of this State", and that if a member of the State Legislature was elected or appointed to a federal office, the seat should be declared vacant upon acceptance. Thus U.S. Senator Schuyler, Federal Judge James Duane and Congressmen John Hathorn and John Laurance vacated their seats in the State Senate. On April 3, John Cantine, a member of the Council of Appointments, raised the question if Schuyler, after vacating his State Senate seat, was still a member of the Council. Philip Livingston, another member, held that once elected a member could not be expelled in any case. On April 5, Governor Clinton asked the State Assembly for a decision, but the latter refused to do so, arguing that it was a question of law, which could be pursued in the courts. Schuyler thus kept his seat in the Council of Appointments until the end of the term.^[5]

Notes

↑ Until 1822, the legislative term began and ended in the middle of the year.
↑ At this time, the regular session of members elected in April began on the second Tuesday in January of the next calendar year; this Legislature met again on January 13, 1790 at New York City.
↑ This is different from a "joint ballot" election in which a majority of the jointly assembled houses of Legislature elect somebody. In a joint ballot, a large Assembly majority could easily outvote the Senators.
↑ Congress was in session from January 4 to August 12, the State Legislature from January 13 to April 6, 1790.
↑ There was actually a precedent: In March 1781, Ephraim Paine, then a member of the Council of Appointments, was expelled from the State Senate, and soon after State Senator Arthur Parks was elected by the Assembly to serve the remainder of Paine's term in the Council. All members, Parks included, protested formally, but Parks remained in the Council until the end of the term. However, this precedent was not mentioned during the proceedings in 1790.

Sources

The New York Civil List compiled in 1858 (see: pg. 113 for State Senators 1788-89; pg. 114 for State Senators 1789-90; page 164 for Members of Assembly 1788-89; pg. 165 for Members of Assembly 1789-90)
The Documentary History of the First Federal elections 1788-1790 Vol. 3, by Gordon DenBoer (pages 514ff)
The First United States Congress
History of Political Parties in the State of New-York by Jabez Delano Hammond (pages 43f)

Elections in New York

General	1844 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1900 1902 1903 1904 1906 1907 1908 1910 1912 1913 1914 1916 1917 1918 1920 1921 1922 1923 1924 1926 1927 1928 1930 1932 1933 1934 1936 1937 1938 1939 1940 1942 1943 1944 1946 1949 1950 1952 1953 1954 1956 1958 1959 1960 1962 1963 1964 1965 1966 1967 1968 1969 1970 1972 1973 1974 1976 1980 1984 1988 1992 2000 2002 2004 2006 2008 2010 2012 2014

NY State Senate	1984 2002 2004 2006 2008 2010 2012 2014

NY State Assembly	1984 2002 2004 2006 2008 2010 2012 2014

NY Governor	1777 1780 1783 1786 1789 1792 1795 1798 1801 1804 1807 1810 1811 1813 1816 1817 1820 1822 1824 1826 1828 1830 1832 1834 1836 1838 1840 1842 1966 1970 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014 2018

NY Attorney General	1998 2002 2006 2010 2014

NY Comptroller	1998 2002 2006 2010 2014

NY Judicial	1847 S 1870 S 1959 1960 1969

U.S. President	1792 1796 1800 1804 1808 1812 1816 1820 1824 1828 1832 1836 1840 1844 1848 1852 1856 1860 1864 1868 1872 1876 1880 1884 1888 1892 1896 1900 1904 1908 1912 1916 1920 1924 1928 1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012 2016

U.S. Senate	Class 1: 1789 1791 1797 1798 S1 1798 S2 1800 S1 1803 1804 S2 1809 1815 1821 1827 1829 S 1833 1839–40 1845 1851 1857 1863 1869 1875 1881 1881 S 1887 1893 1899 1905 1911 1916 1922 1928 1934 1938 S 1940 1946 1952 1958 1964 1970 1976 1982 1988 1994 2000 2006 2010 S 2012 Class 3: 1789 1795 1796 S 1800 S2 1801 1802 S 1804 S1 1807 1813 1819–20 1825–26 1831 1833 S 1837 1843 1845 S 1849 1855 1861 1867 1873 1879 1881 S 1885 1891 1897 1903 1909 1914 1920 1926 1932 1938 1944 1949 S 1950 1956 1962 1968 1974 1980 1986 1992 1998 2004 2010 2016

U.S. House	1789 1790 1793 1794 1796 1798 1800 1802 1804 1806 1808 1810 1812 1814 1816 1818 1821 1822 1824 1826 1828 1830 1832 1834 1836 1838 1840 1842 1844 1846 1848 1850 1852 1854 1856 1858 1860 1862 1864 1866 1868 1870 1872 1874 1876 1878 1880 1882 1884 1886 1888 1890 1892 1894 1896 1898 1900 1902 1904 1906 1908 1910 1912 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1942 1944 1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 (6th S) 2000 2002 2004 2006 (13th, 20th, 29th) 2008 (19th, 20th, 25th, 26th, 29th) 2009 (20th S, 23rd S) 2010 (29th) 2011 (9th S, 26th S) 2012 2014 2016 Special

'S,' 'S1,' and 'S2' denote special election See also: Political party strength in New York

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