United States Senate election in New York, 1833
Encyclopedia
The 1833 United States Senate election in New York was held on February 5, 1833, 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 1829 to this seat to fill the vacancy caused by the resignation of Martin Van Buren
who had been elected Governor in November 1828
. Dudley's term would expire on March 3, 1833.
At the State election in November 1832, a very large Jacksonian-Democratic majority was elected to the Assembly, and six of the eight State Senators elected were Jacksonian Democrats. The 56th State Legislature met from January 1 to April 30, 1833, at Albany, New York
. The party strength in the Assembly as shown by the election for Speaker
was: 99 for Jacksonian Democrat Charles L. Livingston
and 22 for Anti-Mason
John C. Spencer.
, New York Supreme Court
Justice Jacob Sutherland, and Ex-Assemblyman Benjamin F. Butler
. On the first ballot no-one received a majority. Sutherland's name was then withdrawn by his brother-in-law Edward Livingston
with the intent to join the supporters of Butler and Sutherland against Tallmadge, but Tallmadge was eventually nominated by a very small majority ("three or four" votes [see Hammond, pg. 432]) Nevertheless, some of the Jacksonian Democrats voted for Butler.
Francis Granger
, the defeated gubernatorial candidate of the last State election was the candidate of the Anti-Masons
and National Republicans.
and John C. Spencer, objected, arguing that Tallmadge as a State Senator was constitutionally ineligible. The State Constitution of 1821 provided in § 10 that "no member of the Legislature shall receive any civil appointment ... from the Legislature, during the term for which he shall have been elected," which supports this point of view. On the other side, § 11 provided that "if any person shall, while a member of the legislature, be elected to Congress ... his acceptance thereof shall vacate his seat," which considers the possibility of such an election. The majority decided that Tallmadge was eligible. However, a large minority of State legislators insisted that Tallmadge was ineligible, § 11 applying only to U.S. Representatives elected by popular vote, and refused to vote.
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
Charles E. DudleyCharles E. Dudley
Charles Edward Dudley was an American politician.-Life:Dudley was born in England during the American Revolution, the son of Loyalist parents. His father, Charles Dudley, an Englishman, was Collector of the King's Customs at Newport, Rhode Island, where he married Catherine Cooke, of a Rhode...
had been elected in 1829 to this seat to fill the vacancy caused by the resignation of Martin Van Buren
Martin Van Buren
Martin Van Buren was the eighth President of the United States . Before his presidency, he was the eighth Vice President and the tenth Secretary of State, under Andrew Jackson ....
who had been elected Governor in November 1828
New York gubernatorial election, 1828
The 1828 New York gubernatorial election was held from November 3 to 5, 1828, to elect the Governor and Lieutenant Governor of New York.-Results:...
. Dudley's term would expire on March 3, 1833.
At the State election in November 1832, a very large Jacksonian-Democratic majority was elected to the Assembly, and six of the eight State Senators elected were Jacksonian Democrats. The 56th State Legislature met from January 1 to April 30, 1833, 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...
. The party strength in the Assembly as shown by the election for Speaker
Speaker of the New York State Assembly
The Speaker of the New York State Assembly is the highest official in the New York State Assembly, customarily elected from the ranks of the majority party....
was: 99 for Jacksonian Democrat Charles L. Livingston
Charles Ludlow Livingston
-Life:He was a great-great-grandson of Robert Livingston , a grandson of Peter Van Brugh Livingston, and son of Philip Peter Livingston and his wife Cornelia Van Horne Livingston ....
and 22 for Anti-Mason
Anti-Masonic Party
The Anti-Masonic Party was the first "third party" in the United States. It strongly opposed Freemasonry and was founded as a single-issue party aspiring to become a major party....
John C. Spencer.
Candidates
On February 2, the Jacksonian Democratic State legislators held a caucus to nominate a candidate. The members were divided between 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...
, New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
Justice Jacob Sutherland, and Ex-Assemblyman Benjamin F. Butler
Benjamin Franklin Butler (lawyer)
Benjamin Franklin Butler was a lawyer, legislator and Attorney General of the United States.-Early life:...
. On the first ballot no-one received a majority. Sutherland's name was then withdrawn by his brother-in-law Edward Livingston
Edward Livingston (speaker)
Edward Livingston was an American politician.-Life:He was the son of Philip Henry Livingston and Maria Livingston ....
with the intent to join the supporters of Butler and Sutherland against Tallmadge, but Tallmadge was eventually nominated by a very small majority ("three or four" votes [see Hammond, pg. 432]) Nevertheless, some of the Jacksonian Democrats voted for Butler.
Francis Granger
Francis Granger
Francis Granger was a Representative from New York. He was the son of Gideon Granger, another Postmaster General, and the first cousin of Amos P. Granger.-Biography:...
, the defeated gubernatorial candidate of the last State election was the candidate of the Anti-Masons
Anti-Masonic Party
The Anti-Masonic Party was the first "third party" in the United States. It strongly opposed Freemasonry and was founded as a single-issue party aspiring to become a major party....
and National Republicans.
Election
When Tallmadge's name was brought forward in the Legislature, members of the opposition, among them Isaac L. VarianIsaac Varian
Isaac Leggett Varian was a New York state legislator and a Mayor of New York.-Political career:Varian was a prominent Democrat and led Tammany Hall from 1835 until 1842...
and John C. Spencer, objected, arguing that Tallmadge as a State Senator was constitutionally ineligible. The State Constitution of 1821 provided in § 10 that "no member of the Legislature shall receive any civil appointment ... from the Legislature, during the term for which he shall have been elected," which supports this point of view. On the other side, § 11 provided that "if any person shall, while a member of the legislature, be elected to Congress ... his acceptance thereof shall vacate his seat," which considers the possibility of such an election. The majority decided that Tallmadge was eligible. However, a large minority of State legislators insisted that Tallmadge was ineligible, § 11 applying only to U.S. Representatives elected by popular vote, and refused to vote.
Result
Nathaniel P. Tallmadge received majorities in both the Assembly and the Senate, and was declared elected. Due to the controversy about his eligibility, he received only very small majorities - one more than necessary in the Senate, and four more than necessary in the Assembly - although his party had large majorities in both houses of the Legislature.| Office | House | Jacksonian Democrat | Anti-Mason Anti-Masonic Party The Anti-Masonic Party was the first "third party" in the United States. It strongly opposed Freemasonry and was founded as a single-issue party aspiring to become a major party.... /National Republican |
Jacksonian Democrat | |||
|---|---|---|---|---|---|---|---|
| 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) |
Nathaniel P. Tallmadge Nathaniel 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... |
18 | Francis Granger Francis Granger Francis Granger was a Representative from New York. He was the son of Gideon Granger, another Postmaster General, and the first cousin of Amos P. Granger.-Biography:... |
6 | Benjamin F. Butler Benjamin Franklin Butler (lawyer) Benjamin Franklin Butler was a lawyer, legislator and Attorney General of the United States.-Early life:... |
2 |
| 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) |
Nathaniel P. Tallmadge Nathaniel 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... |
69 | Francis Granger Francis Granger Francis Granger was a Representative from New York. He was the son of Gideon Granger, another Postmaster General, and the first cousin of Amos P. Granger.-Biography:... |
25 | Benjamin F. Butler Benjamin Franklin Butler (lawyer) Benjamin Franklin Butler was a lawyer, legislator and Attorney General of the United States.-Early life:... |
12 | |
Aftermath
Tallmadge served a full term (1833-1839), but faced another controversy when running for re-election. In 1839, no choice was made and the seat became vacant. In 1840, Tallmadge was re-elected and served until June 17, 1844, when he resigned to become Governor of the Territory of Wisconsin.Sources
- The New York Civil List compiled in 1858 (see: pg. 63 for U.S. Senators; pg. 129 for State Senators 1833; pg. 213f for Members of Assembly 1833)
- Members of the 23rd United States Congress
- History of Political Parties in the State of New-York, Vol. II by Jabez Delano Hammond (State election, 1832: pg. 424; Speaker election, 1833: pg. 430; U.S. Senate election, 1833: pg. 432f)