The 1789 United States Senate election in New York was held in July 1789 to elect two

U.S. Senators The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...

to represent the State of

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

in the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

. It was the first such election, and before the actual election the

New York State Legislature The New York State Legislature consists of the two houses that act as the state legislature of the U.S. state of New York: The New York State Senate and the New York State Assembly. The Constitution of New York does not designate an official ...

had to establish the proceedings how to elect the senators.

Background

The

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...

was adopted on September 17, 1787, by the Constitutional Convention in

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, and then ratified by the States. On July 8, 1788, the

Congress of the Confederation The Congress of the Confederation, or the Confederation Congress, formally referred to as the United States in Congress Assembled, was the governing body of the United States of America during the Confederation period, March 1, 1781 – Mar ...

passed a resolution calling the first session of the

First United States Congress The 1st United States Congress, comprising the United States Senate and the United States House of Representatives, met from March 4, 1789, to March 4, 1791, during the first two years of George Washington's presidency, first at Federal Hall in ...

for March 4, 1789, and the election of U.S. Senators and

U.S. Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...

s 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) 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 Anti-Federalism was a late-18th century political movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution. The previous constitution, called the Articles of Con ...

Assembly majority and the

Federalist The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of de ...

Senate majority could not agree, and they adjourned on March 3, without having elected U.S. Senators. Both sides expected to win the State election in April. On June 4, Governor George Clinton called an extra session of the State Legislature to convene on July 6 at City Hall in

Albany, New York Albany ( ) is the capital of the U.S. state of New York, also the seat and largest city of Albany County. Albany is on the west bank of the Hudson River, about south of its confluence with the Mohawk River, and about north of New York City ...

. At the State election in April 1789, for a term beginning on July 1, a large

majority had been elected to the

New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Assem ...

(65 members), estimated by State Senator

James Duane James Duane (February 6, 1733 – February 1, 1797) was an American Founding Fathers of the United States, Founding Father, attorney, jurist, and American Revolutionary War, American Revolutionary leader from New York (state), New York. He serve ...

at 42 to 22. The

New York State Senate The New York State Senate is the upper house of the New York State Legislature; the New York State Assembly is its lower house. Its members are elected to two-year terms; there are no term limits. There are 63 seats in the Senate. Partisan com ...

(24 members) continued with a slim Federalist majority. The

13th New York State Legislature The 13th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from July 6, 1789, to April 6, 1790, during the thirteenth year of George Clinton's governorship, first in Albany, then in New ...

(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. 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

veto A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...

ed, 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 Philip John Schuyler (; November 18, 1804) was an American general in the Revolutionary War and a United States Senator from New York. He is usually known as Philip Schuyler, while his son is usually known as Philip J. Schuyler. Born in Alba ...

and Assemblyman

Rufus King Rufus King (March 24, 1755April 29, 1827) was an American Founding Father, lawyer, politician, and diplomat. He was a delegate for Massachusetts to the Continental Congress and the Philadelphia Convention and was one of the signers of the Unit ...

, 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 The 1st United States Congress, comprising the United States Senate and the United States House of Representatives, met from March 4, 1789, to March 4, 1791, during the first two years of George Washington's presidency, first at Federal Hall in ...

convened at

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, 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. Schuyler was also elected on January 15 a member of the State's

Council of Appointments The Council of Appointment (sometimes also Council of Appointments) was a body of the Government of New York that existed from 1777 to 1822. History Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of Ne ...

which consisted of the

Governor of New York The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor has ...

, and four State Senators elected annually by the State Assembly. On January 27, the

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

and Congressmen

John Hathorn John Hathorn (January 9, 1749 – February 19, 1825) was an American politician and Continental Army officer from New York. Life He completed preparatory studies and became a surveyor and a school teacher. He moved to Warwick in the Province ...

and

John Laurance John Laurance (sometimes spelled "Lawrence" or "Laurence") (1750 – November 11, 1810) was a delegate to the 6th, 7th, and 8th Congresses of the Confederation, a United States representative and United States Senator from New York and a United ...

vacated their seats in the State Senate. On April 3,

John Cantine Johannes "John" Cantine (October 20, 1735 – April 30, 1808) was an American politician. Born in Marbletown, New York, Cantine served in both houses of the New York Legislature. Cantine also served in the New York state convention concerning ...

, 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.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.

Notes

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 Jabez Delano Hammond (August 2, 1778 – August 18, 1855) was an American physician, lawyer, author and politician. Life Hammond was born in New Bedford, Bristol County, Massachusetts. He practiced medicine in Reading, Vermont, but afterward studi ...

(pages 43f) {{1789 United States elections

1789 Events January–March * January – Emmanuel Joseph Sieyès publishes the pamphlet ''What Is the Third Estate?'' ('), influential on the French Revolution. * January 7 – The 1788-89 United States presidential election a ...