United States Senate election in New York, 1789
Encyclopedia
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.
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.
(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 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 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.
On July 13, the law was submitted to the Council of Revision
. On July 15, the Council objected to the law in two points:
Thus the law was 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
.
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. 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.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
in the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. 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 ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
was adopted on September 17, 1787, by the Constitutional Convention
Philadelphia Convention
The Constitutional Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania, to address problems in governing the United States of America, which had been operating under the Articles of Confederation following independence from...
in Philadelphia, and then ratified by the States. On July 8, 1788, the Congress of the Confederation
Congress of the Confederation
The Congress of the Confederation or the United States in Congress Assembled was the governing body of the United States of America that existed from March 1, 1781, to March 4, 1789. It comprised delegates appointed by the legislatures of the states. It was the immediate successor to the Second...
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 Legislature12th New York State Legislature
The 12th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from December 11, 1788, to March 3, 1789, during the twelfth year of George Clinton's governorship, in Albany.-Background:...
(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 Assembly majority and the Federalist
Federalist
The term federalist describes several political beliefs around the world. Also, it may refer to the concept of federalism or the type of government called a federation...
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
George Clinton (vice president)
George Clinton was an American soldier and politician, considered one of the Founding Fathers of the United States. He was the first Governor of New York, and then the fourth Vice President of the United States , serving under Presidents Thomas Jefferson and James Madison. He and John C...
called an extra session of the State Legislature to convene on July 6 at City Hall in Albany, New York
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
. At the State election in April 1789, for a term beginning on July 1, a large Federalist
Federalist
The term federalist describes several political beliefs around the world. Also, it may refer to the concept of federalism or the type of government called a federation...
majority had been elected to the New York State Assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
(65 members), estimated by State Senator James Duane
James Duane
James Duane was an American lawyer, jurist, and Revolutionary leader from New York. He served as a delegate to the Continental Congress, New York state senator, Mayor of New York, and a U.S...
at 42 to 22. The New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
(24 members) continued with a slim Federalist majority.
The 13th New York State Legislature
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 York City....
(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
Council of Revision
The Council of Revision was, under the provisions of the Constitution of the State of New York of 1777, the legal body that revised all new legislation made by the New York State Legislature....
. 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
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
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
United States Senate special election in New York, 1802
The 1802 United States Senate special election in New York was held on February 9, 1802, by the New York State Legislature to elect a U.S. Senator to represent the State of New York in the United States Senate.-Background:...
.
Election and aftermath
On July 16, after the Council of Revision had vetoed the law, State Senator Philip SchuylerPhilip Schuyler
Philip John Schuyler was a general in the American Revolution 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.-Early life:...
and Assemblyman Rufus King
Rufus King
Rufus King was an American lawyer, politician, and diplomat. He was a delegate for Massachusetts to the Continental Congress. He also attended the Constitutional Convention and was one of the signers of the United States Constitution on September 17, 1787, in Philadelphia, Pennsylvania...
, 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
1st United States Congress
-House of Representatives:During this congress, five House seats were added for North Carolina and one House seat was added for Rhode Island when they ratified the Constitution.-Senate:* President: John Adams * President pro tempore: John Langdon...
convened at New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, 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 which consisted of the Governor of New York
Governor of New York
The Governor of the State of New York is the chief executive of the 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 and naval forces. The officeholder is afforded the courtesy title of His/Her...
, 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
James Duane
James Duane was an American lawyer, jurist, and Revolutionary leader from New York. He served as a delegate to the Continental Congress, New York state senator, Mayor of New York, and a U.S...
and Congressmen John Hathorn
John Hathorn
John Hathorn was an American politician who was a member of the United States House of Representatives from New York.-Life:...
and John Laurance
John Laurance
John Laurance was an American lawyer and politician from New York.-Life:He emigrated to the United States in 1767 and settled in New York City where he read law and entered private practice in 1772. At the outbreak of the American Revolutionary War, he was a warm adherent of the revolutionaries...
vacated their seats in the State Senate. On April 3, John Cantine
John Cantine
John Cantine 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 the ratification of the United States Constitution...
, 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.
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)