United States Senate election in New York, 1857
Encyclopedia
The 1857 United States Senate election in New York was held on February 3, 1857, by the New York State Legislature to elect a U.S. Senator (Class 1) to represent the State of New York
in the United States Senate
.
had been elected in 1851 to this seat, and his term would expire on March 3, 1857.
In 1855, the Whig Party and the Anti-Nebraska Party
merged in New York to form the Republican Party.
At the State election in November 1855
, 16 Republicans, 11 Americans, 4 Democrats and 1 Temperance
man were elected for a two-year term (1856-1857) in the State Senate. At the State election in November 1856, 81 Republicans, 31 Democrats and 8 Americans were elected to the Assembly for the session of 1857. The 80th State Legislature met from January 6 to April 18, 1857, at Albany, New York
.
congressman from 1849 to 1853, and had joined the Republican Party upon its foundation at the State convention in September 1855. The convention nominated King for Secretary of State, but he was defeated by Joel T. Headley in a four-way race.
Secretary of State
Joel T. Headley was the candidate of the American Party
.
State Senator Daniel E. Sickles was the candidate of the Democratic Party.
. This time, Speaker DeWitt C. Littlejohn ruled that the objection was "partially tenable and partially not so." However, the Speaker held that any member could vote for anybody, and only if the candidate received sufficient votes to win the election, a decision would be required. Otherwise, like in this case, the eligibility of an also-ran was irrelevant.
In the State Senate, only 24 votes were given. Zenas Clark (Rep.) and John B. Halstead (Rep.) were sick at home. Eaton J. Richardson (Rep.) paired
with Sidney Sweet (Am.). Joseph H. Petty (Am.) was absent. William Kelly (Dem.), Mark Spencer (Dem.), and the Democratic candidate Sickles himself, declined to vote.
State Senator Justin A. Smith (Am.) raised the question if the vote for Sickles could be counted. A new State Constitution had been adopted in 1846, which had clarified the question of eligibility of State legislators. Smith quoted from the State Constitution: "No member of the Legislature shall receive any civil appointment within thios State, or to the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, during the term for which he shall have been elected; and all votes given for any such member, for any such office or appointment, shall be void." Lt. Gov. Henry R. Selden
(later a judge of the New York Court of Appeals
) decided to count the vote, holding that the United States Constitution
described the eligibility for the office and devolved on the State legislatures only the power to prescribe the "times, places and manners of holding the elections for that office", thus not implying a right for the State governments to exclude any person who would be eligible under the U.S. Constitution.
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...
.
Background
Whig Hamilton FishHamilton Fish
Hamilton Fish was an American statesman and politician who served as the 16th Governor of New York, United States Senator and United States Secretary of State. Fish has been considered one of the best Secretary of States in the United States history; known for his judiciousness and reform efforts...
had been elected in 1851 to this seat, and his term would expire on March 3, 1857.
In 1855, the Whig Party and the Anti-Nebraska Party
Anti-Nebraska Party
The Anti-Nebraska Party was an American political party formed in response to the Kansas-Nebraska Act of 1854. Its founders, including Salmon P. Chase, held deep moral opposition to slavery, and were thus appalled by legislation that could lead to more slave-holding states...
merged in New York to form the Republican Party.
At the State election in November 1855
New York state election, 1855
The 1855 New York state election was held on November 6, 1855, to elect the Secretary of State, the State Comptroller, the Attorney General, the State Treasurer, the State Engineer, two judges of the New York Court of Appeals, a Canal Commissioner and an Inspector of State Prisons, as well as...
, 16 Republicans, 11 Americans, 4 Democrats and 1 Temperance
Temperance movement
A temperance movement is a social movement urging reduced use of alcoholic beverages. Temperance movements may criticize excessive alcohol use, promote complete abstinence , or pressure the government to enact anti-alcohol legislation or complete prohibition of alcohol.-Temperance movement by...
man were elected for a two-year term (1856-1857) in the State Senate. At the State election in November 1856, 81 Republicans, 31 Democrats and 8 Americans were elected to the Assembly for the session of 1857. The 80th State Legislature met from January 6 to April 18, 1857, at 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...
.
Candidates
Preston King was nominated by a caucus of Republican State legislators. King had been a Democratic congressman from 1843 to 1847, a Free SoilFree Soil Party
The Free Soil Party was a short-lived political party in the United States active in the 1848 and 1852 presidential elections, and in some state elections. It was a third party and a single-issue party that largely appealed to and drew its greatest strength from New York State. The party leadership...
congressman from 1849 to 1853, and had joined the Republican Party upon its foundation at the State convention in September 1855. The convention nominated King for Secretary of State, but he was defeated by Joel T. Headley in a four-way race.
Secretary of State
Secretary of State of New York
The Secretary of State of New York is a cabinet officer in the government of the U.S. state of New York.The current Secretary of State of New York is Cesar A...
Joel T. Headley was the candidate of the American Party
Know Nothing
The Know Nothing was a movement by the nativist American political faction of the 1840s and 1850s. It was empowered by popular fears that the country was being overwhelmed by German and Irish Catholic immigrants, who were often regarded as hostile to Anglo-Saxon Protestant values and controlled by...
.
State Senator Daniel E. Sickles was the candidate of the Democratic Party.
Election
In the Assembly the vote confirmed the party caucus selections. When State Senator Sickles received votes, the same objection to his eligibility was raised as was in 1833 regarding Nathaniel P. TallmadgeNathaniel P. Tallmadge
Nathaniel Pitcher Tallmadge was an American lawyer and politician. He was a U.S. Senator from New York and Governor of the Wisconsin Territory.-Early life:Tallmadge graduated from Union College in 1815...
. This time, Speaker DeWitt C. Littlejohn ruled that the objection was "partially tenable and partially not so." However, the Speaker held that any member could vote for anybody, and only if the candidate received sufficient votes to win the election, a decision would be required. Otherwise, like in this case, the eligibility of an also-ran was irrelevant.
In the State Senate, only 24 votes were given. Zenas Clark (Rep.) and John B. Halstead (Rep.) were sick at home. Eaton J. Richardson (Rep.) paired
Pair (parliamentary convention)
Pairing is a system whereby two members of parliament from opposing political parties may agree to abstain where one member is unable to vote, due to other commitments, illness, travel problems, etc...
with Sidney Sweet (Am.). Joseph H. Petty (Am.) was absent. William Kelly (Dem.), Mark Spencer (Dem.), and the Democratic candidate Sickles himself, declined to vote.
State Senator Justin A. Smith (Am.) raised the question if the vote for Sickles could be counted. A new State Constitution had been adopted in 1846, which had clarified the question of eligibility of State legislators. Smith quoted from the State Constitution: "No member of the Legislature shall receive any civil appointment within thios State, or to the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, during the term for which he shall have been elected; and all votes given for any such member, for any such office or appointment, shall be void." Lt. Gov. Henry R. Selden
Henry R. Selden
Henry Rogers Selden was an American lawyer and politician. He was Lieutenant Governor of New York from 1857 to 1858. He defended Susan B. Anthony in her 1873 trial for unlawfully voting as a woman.-Life:He was the son of Calvin Selden and Phebe Selden...
(later a judge of the New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
) decided to count the vote, holding that the United States Constitution
United 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...
described the eligibility for the office and devolved on the State legislatures only the power to prescribe the "times, places and manners of holding the elections for that office", thus not implying a right for the State governments to exclude any person who would be eligible under the U.S. Constitution.
Result
Preston King was the choice of both the Assembly and the Senate, and was declared elected.| Office | House | Republican | Democrat | American Know Nothing The Know Nothing was a movement by the nativist American political faction of the 1840s and 1850s. It was empowered by popular fears that the country was being overwhelmed by German and Irish Catholic immigrants, who were often regarded as hostile to Anglo-Saxon Protestant values and controlled by... |
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| U.S. Senator | 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... (32 members) |
Preston King Preston King Preston King was a United States Representative and Senator from New York.- Biography :Born in Ogdensburg, New York, he pursued classical studies and graduated from Union College in 1827, where he was an early member of The Kappa Alpha Society. He studied law and was admitted to the bar. He... |
14 | Daniel E. Sickles Daniel Sickles Daniel Edgar Sickles was a colorful and controversial American politician, Union general in the American Civil War, and diplomat.... |
1 | Joel T. Headley Joel T. Headley Joel Tyler Headley was an American clergyman, historian, Author, newspaper editor and politician who served as Secretary of State of New York.-Life:... |
9 |
| 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... (128 members) |
Preston King Preston King Preston King was a United States Representative and Senator from New York.- Biography :Born in Ogdensburg, New York, he pursued classical studies and graduated from Union College in 1827, where he was an early member of The Kappa Alpha Society. He studied law and was admitted to the bar. He... |
77 | Daniel E. Sickles Daniel Sickles Daniel Edgar Sickles was a colorful and controversial American politician, Union general in the American Civil War, and diplomat.... |
33 | Joel T. Headley Joel T. Headley Joel Tyler Headley was an American clergyman, historian, Author, newspaper editor and politician who served as Secretary of State of New York.-Life:... |
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Sources
- The New York Civil List compiled in 1858 (see: pg. 63 for U.S. Senators [gives wrong date "February 6"]; pg. 137 for State Senators 1857; pg. 252ff for Members of Assembly 1857)
- Members of the 35th United States Congress
- STATE AFFAIRS.; The Election of Preston King as United States Senator in NYT on February 4, 1857