The first 1804 United States Senate special election in New York was held on February 3, 1804, by 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 ...

to elect two

United States 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 power ...

(Class 1 and 3) 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 ...

Background

DeWitt Clinton DeWitt Clinton (March 2, 1769February 11, 1828) was an American politician and naturalist. He served as a United States senator, as the mayor of New York City, and as the seventh governor of New York. In this last capacity, he was largely res ...

had been elected in 1802 to the Class 3 seat (term 1801-1807) to fill the vacancy caused by the resignation of John Armstrong. Clinton resigned on November 4, 1803, after his appointment as

Mayor of New York City The mayor of New York City, officially Mayor of the City of New York, is head of the executive branch of the government of New York City and the chief executive of New York City. The mayor's office administers all city services, public property ...

, and Governor George Clinton appointed Armstrong to his old seat, to fill the vacancy temporarily. Theodorus Bailey had been elected to the Class 1 seat (term 1803-1809) but resigned on January 16, 1804, after his appointment as Postmaster of

New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...

. At the State election in April 1803, 83 Democratic-Republicans and 17 Federalists were elected to the Assembly, and 10 Democratic-Republicans were elected to the State Senate. The

27th New York State Legislature The 27th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 31 to April 11, 1804, during the third year of George Clinton's second tenure as Governor of New York, in Albany. ...

met from January 31 to April 11, 1804, at

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 ...

Candidates

The incumbent U.S. Senator Armstrong for re-election, and Congressman John Smith, ran as the candidates of the

Democratic-Republican Party The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...

. The

Federalist Party The Federalist Party was a Conservatism in the United States, conservative political party which was the first political party in the United States. As such, under Alexander Hamilton, it dominated the national government from 1789 to 1801. De ...

had by now only small minorities in both houses of the Legislature, and Ex-

New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...

Justice Jacob Radcliff and Ex- 2nd U.S. Circuit Court Chief Justice Egbert Benson received only a few scattering votes.

Result

Armstrong and Smith were elected "without much opposition." (see Hammond) Obs.: Smith was nominated unanimously by the Assembly, but the exact number of votes given is unclear.

Aftermath

John Smith took his seat on February 23, 1804, and was re-elected in 1807 to a full term, serving until March 3, 1813. John Armstrong took his seat on February 25, but resigned his seat already on June 30, 1804, after his appointment as

U.S. Minister to France The United States ambassador to France is the official representative of the president of the United States to the president of France. The United States has maintained diplomatic relations with France since the American Revolution. Relations we ...

, a post on which he succeeded his brother-in-law

Robert R. Livingston Robert Robert Livingston (November 27, 1746 (Old Style November 16) – February 26, 1813) was an American lawyer, politician, and diplomat from New York, as well as a Founding Father of the United States. He was known as "The Chancellor", afte ...

. To fill the vacancy, the State Legislature held a special election in November 1804, and elected

Samuel L. Mitchill Samuel Latham Mitchill (August 20, 1764September 7, 1831) was an American physician, naturalist, and politician who lived in Plandome, New York. Early life Samuel Mitchill was born in Hempstead in the Province of New York, the son of Robert M ...

Sources

''The New York Civil List''
compiled in 1858 (see: pg. 63 for U.S. Senators; pg. 118f for State Senators 1803-04; pg. 177f for Members of Assembly 1803-04) ives date of election "February 3"br>Members of the 8th 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 ...

(page 202) ives date of election "2d February"br>Election result (Armstrong)
at

Tufts University Tufts University is a private research university on the border of Medford and Somerville, Massachusetts. It was founded in 1852 as Tufts College by Christian universalists who sought to provide a nonsectarian institution of higher learning. ...

Library project "A New Nation Votes"
Election result (Smith)
at

Library project "A New Nation Votes" {{DEFAULTSORT:1804 02 United States Senate special elections in New York United States Senate elections in New York (state) New York 1804 02 New York 02 United States Senate special 02 New York 1804 02 United States Senate 1804 02