United States Senate elections, 1838 and 1839

United States Senate elections, 1838 and 1839
17 of the 52 seats in the United States Senate (plus special elections); 27 seats needed for a majority
Majority party before election; Democratic;	Elected Majority party; Democratic;

Last updated April 01, 2019

The United States Senate elections of 1838 and 1839 were elections which had the Democratic Party lose seven seats in the United States Senate, but still retain a majority.

The Democratic Party is one of the two major contemporary political parties in the United States, along with the Republican Party. Tracing its heritage back to Thomas Jefferson and James Madison's Democratic-Republican Party, the modern-day Democratic Party was founded around 1828 by supporters of Andrew Jackson, making it the world's oldest active political party.

The United States Senate is the upper chamber of the United States Congress, which along with the United States House of Representatives—the lower chamber—comprises the legislature of the United States. The Senate chamber is located in the north wing of the Capitol, in Washington, D.C.

The Seventeenth Amendment to the United States Constitution established the popular election of United States Senators by the people of the states. The amendment supersedes Article I, §3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held.

A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 25 states, the legislature is simply called the Legislature, or the State Legislature, while in 19 states, the legislature is called the General Assembly. In Massachusetts and New Hampshire, the legislature is called the General Court, while North Dakota and Oregon designate the legislature the Legislative Assembly.

Results summary

Senate Party Division, 26th Congress (1839–1841)

Majority Party: Democratic (28–29)
Minority Party: Whig (19–23)
Total Seats: 52

Change in Senate composition

Before the elections

After the January 4, 1838 special election in Maryland.

W₁₇ Retired	D₃₅ Retired	D₃₄ Retired	D₃₃ Retired	D₃₂ Retired	D₃₁ Unknown	D₃₀ Unknown	D₂₉ Unknown	D₂₈ Ran
				D₁	D₂	D₃	D₄	D₅	D₆
D₁₆	D₁₅	D₁₄	D₁₃	D₁₂	D₁₁	D₁₀	D₉	D₈	D₇
D₁₇	D₁₈	D₁₉	D₂₀	D₂₁	D₂₂	D₂₃	D₂₄	D₂₅	D₂₆ Ran
Majority →									D₂₇ Ran in different party
W₁₆ Unknown	W₁₅ Ran	W₁₄ Ran	W₁₃ Ran	W₁₂ Ran	W₁₁ Ran	W₁₀	W₉	W₈	W₇
				W₁	W₂	W₃	W₄	W₅	W₆

Result of the elections

W₁₇ Hold	W₁₈ Gain	W₁₉ Gain	W₂₀ Gain	V₄ D Loss	V₃ D Loss	V₂ D Loss	V₁ D Loss	D₂₈ Hold
				D₁	D₂	D₃	D₄	D₅	D₆
D₁₆	D₁₅	D₁₄	D₁₃	D₁₂	D₁₁	D₁₀	D₉	D₈	D₇
D₁₇	D₁₈	D₁₉	D₂₀	D₂₁	D₂₂	D₂₃	D₂₄	D₂₅	D₂₆ Re-elected
Majority →									D₂₇ Re-elected
W₁₆ Hold	W₁₅ Re-elected	W₁₄ Re-elected	W₁₃ Re-elected	W₁₂ Re-elected	W₁₁ Re-elected	W₁₀	W₉	W₈	W₇
				W₁	W₂	W₃	W₄	W₅	W₆

Beginning of the next Congress

				D₁	D₂	D₃	D₄	D₅	D₆
D₁₆	D₁₅	D₁₄	D₁₃	D₁₂	D₁₁	D₁₀	D₉	D₈	D₇
D₁₇	D₁₈	D₁₉	D₂₀	D₂₁	D₂₂	D₂₃	D₂₄	D₂₅	D₂₆
Majority →									D₂₇
W₁₇	W₁₈	W₁₉	V₅ W resigned	V₄	V₃	V₂	V₁	D₂₈
W₁₆	W₁₅	W₁₄	W₁₃	W₁₂	W₁₁	W₁₀	W₉	W₈	W₇
				W₁	W₂	W₃	W₄	W₅	W₆

Key:

D_#	Democratic
W_#	Whig
V_#	Vacant

Race summaries

Special elections during the 25th Congress

In these special elections, the winners were seated during 1838 or before March 4, 1839; ordered by election date.

State	Incumbent			Results	Candidates
State	Senator	Party	Electoral history	Results	Candidates
Maryland (Class 1)	Joseph Kent	Whig	1833	Incumbent died November 24, 1837. Successor elected January 4, 1838. Whig hold. Winner was also elected to the next term, see below.	√ William Duhurst Merrick (Whig) [Data unknown/missing.]
Tennessee (Class 1)	Felix Grundy	Democratic	1829 (Special) 1833	Incumbent resigned July 4, 1838 to become U.S. Attorney General. Winner elected September 17, 1838. Whig gain. Winner was also elected to the next term (see below), but resigned at the end of the term.	√ Ephraim H. Foster (Whig) [Data unknown/missing.]
Mississippi (Class 1)	Thomas H. Williams	Democratic	1838 (Appointed)	Incumbent appointee elected January 30, 1839. Democratic hold. Winner was not elected to the next term, see below.	√ Thomas H. Williams (Democratic) [Data unknown/missing.]

Races leading to the 25th Congress

In these general elections, the winners were elected for the term beginning March 4, 1839; ordered by state.

All of the elections involved the Class 1 seats.

State	Incumbent			Results	Candidates
State	Senator	Party	Electoral history	Results	Candidates
Connecticut	John Niles	Democratic	1835 (Special)	Incumbent retired. Winner elected in 1838 or 1839. Whig gain.	√ Thaddeus Betts (Whig) [Data unknown/missing.]
Delaware	Richard H. Bayard	Whig	1836 (Special)	Incumbent re-elected in 1838 or 1839.	√ Richard H. Bayard (Whig) [Data unknown/missing.]
Indiana	John Tipton	Democratic	1832 (Special) 1832	Incumbent retired. Winner elected in 1838. Whig gain.	√ Albert White (Whig) [Data unknown/missing.]
Maine	Reuel Williams	Democratic	1837 (Special)	Incumbent re-elected in 1838 or 1839.	√ Reuel Williams (Democratic) [Data unknown/missing.]
Maryland	William Merrick	Whig	1838 (Special)	Incumbent re-elected in 1839.	√ William Merrick (Whig) [Data unknown/missing.]
Massachusetts	Daniel Webster	Whig	1827 (Special) 1833	Incumbent re-elected in 1839.	√ Daniel Webster [Data unknown/missing.]
Michigan	Lucius Lyon	Democratic	1837	Incumbent retired. Legislature failed to elect until 1840. Democratic loss.	[Data unknown/missing.]
Mississippi	Thomas H. Williams	Democratic	1838 (Appointed) 1838 or 1839 (Special)	Unknown if incumbent retired or lost. Winner elected in 1838. Whig gain.	√ John Henderson (Whig) [Data unknown/missing.]
Missouri	Thomas H. Benton	Democratic	1821 1827 1833	Incumbent re-elected in 1839.	√ Thomas H. Benton [Data unknown/missing.]
New Jersey	Samuel L. Southard	Whig	1821 (Appointed) 1821 1823 (Resigned) 1833	Incumbent re-elected in 1839.	√ Samuel L. Southard (Whig)
New York	Nathaniel P. Tallmadge	Democratic	1833	Incumbent ran under a different party. Legislature failed to elect. Democratic loss.	Nathaniel P. Tallmadge (Whig) Samuel Nelson (Democratic) Samuel Beardsley (Democratic) Others
Ohio	Thomas Morris	Democratic	1833	Incumbent retired. Winner elected in 1838. Democratic hold.	√ Benjamin Tappan (Democratic) [Data unknown/missing.]
Pennsylvania	Samuel McKean	Democratic	1833	Unknown if incumbent retired or lost. Legislature failed to elect until 1840 after the regularly scheduled election in December 1838 was postponed due to the Buckshot War. Democratic loss.	None.
Rhode Island	Asher Robbins	Whig	1835 (Special) 1827 1833	Unknown if incumbent retired or lost. Winner elected in 1838 or 1839. Whig hold.	√ Nathan F. Dixon (Whig) [Data unknown/missing.]
Tennessee	Ephraim H. Foster	Whig	1838 (Special)	Incumbent re-elected. Incumbent resigned before the beginning of the next term.	√ Ephraim H. Foster (Whig) [Data unknown/missing.]
Vermont	Benjamin Swift	Whig	1833	Incumbent retired. Winner elected in 1839. Whig hold.	√ Samuel S. Phelps (Whig) [Data unknown/missing.]
Virginia	William C. Rives	Democratic	1832 (Special) 1834 (Resigned) 1836 (Special)	Unknown if incumbent retired or lost. Legislature failed to elect until 1841. Democratic loss.	[Data unknown/missing.]

Special election during the 26th Congress

In this special election, the winner was seated in 1839 after March 4.

State	Incumbent			Results	Candidates
State	Senator	Party	Electoral history	Results	Candidates
Tennessee (Class 1)	Ephraim H. Foster	Whig	1838 (Appointed) 1838 or 1839	Incumbent had been elected to the next term (see above), but resigned at the end of the term. Winner elected November 19, 1839. Democratic gain.	√ Felix Grundy (Democratic) [Data unknown/missing.]

Complete list of races

New York

The New York election was held February 5, 1839 by the New York State Legislature. Nathaniel P. Tallmadge had been elected as a Jacksonian Democratic in 1833 to this seat, and his term would expire on March 3, 1839.

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 Constitution does not designate an official term for the two houses together. It says only that "legislative power is vested in the senate and assembly." The session laws are published in the official Laws of New York. The permanent laws of a general nature are codified in the Consolidated Laws of New York. The legislature is seated at the New York State Capitol in Albany.

Nathaniel P. Tallmadge was an American lawyer and politician. He was a U.S. Senator from New York and Governor of the Wisconsin Territory.

On February 4, 1839, the State Legislature elected on joint ballot Spencer, Cooke, Hall and Haight to the offices they were nominated for, but on the next day they could not agree on a U.S. Senator.

The Assembly nominated Nathaniel P. Tallmadge "by the votes of all the Whig members." (see Hammond, page 512)

Although the Democratic State Senate majority did not object to be outvoted on joint ballot for the election of Whigs to State offices, they rejected the idea of electing a renegade Democratic to the U.S. Senate, and took refuge to the only means to defeat Tallmadge: They did not nominate anybody, following the precedents of 1819-1820 and 1825-1826, so that a joint ballot could not be held. On the first ballot, Tallmadge received 13 votes out of 31 cast, all Whigs.^[1] The Democratic vote was scattered among many men, nobody receiving more than 2. Four more ballots were held with a similar result.^[2] On the sixth ballot, all Whigs and two Democrats voted for Samuel Beardsley, who received 16 votes, one short of the necessary number for a nomination. The Democrats then abandoned further balloting, fearing that the Whigs would vote for anybody who received by chance three Democratic votes, just to force any nomination, thus enabling the Legislature to proceed to the joint ballot.

Samuel Beardsley was an American attorney, judge and legislator from New York. During his career he served as a member of the United States House of Representatives, New York Attorney General, United States Attorney for the Northern District of New York, a member of the New York State Senate, and a justice of the New York Supreme Court.

Candidate	Party	New York Senate (32 members)						Assembly (128 members)
Candidate	Party	First ballot	Second ballot	Third ballot	Fourth ballot	Fifth ballot	Sixth ballot	First ballot
Nathaniel P. Tallmadge	Whig	13			13	13		√ 82
Samuel Nelson	Democratic	2
Samuel Beardsley	Democratic	1			2	2	16
William C. Bouck	Democratic	1			1	1	1
Churchill C. Cambreleng	Democratic	1			1	1	1
Hiram Denio	Democratic	1			1	1	1
John A. Dix	Democratic	1			1	1	1
Charles E. Dudley	Democratic	1			1	1	1
Azariah C. Flagg	Democratic	1			1	1	1
Freeborn G. Jewett	Democratic	1			1	1	1
Ebenezer Mack	Democratic	1			1	1	1
Charles McVean	Democratic	1			1	1	1
Joseph D. Monell	Democratic	1			1	1	1
John Savage	Democratic	1			1	1	1
Jacob Sutherland	Democratic	1			1	1	1
John Tracy	Democratic	1			1	1	1
Greene C. Bronson	Democratic	1
Reuben H. Walworth	Democratic	1
Levi Beardsley	Democratic				1	1	1
Benjamin F. Butler	Democratic				1	1	1
Abijah Mann Jr.	Democratic				1	1	1

No further action was taken by this Legislature, and the seat became vacant on March 4, 1839. Tallmadge would later be elected in 1840.

Related Research Articles

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References

↑ Whig John Maynard did not vote on the first five ballots.
↑ The on-line copy of the Senate journal omits the pages with the second and third ballot.

Party Division in the Senate, 1789-Present, via Senate.gov

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[1] Whig John Maynard did not vote on the first five ballots.

[2] The on-line copy of the Senate journal omits the pages with the second and third ballot.

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