United States Senate election in New York, 1833

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.

Background

Charles E. Dudley 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 New York 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.

Candidates

On February 2, the Jacksonian Democratic State legislators held a caucus to nominate a candidate. The members were divided between Nathaniel P. Tallmadge, 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 Sutherland's name was then withdrawn by his brother-in-law Edward Livingston with the intent to join the supporters of Butler and Sutherland against Tallmadge, but Tallmadge was eventually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.

Election

When Tallmadge's name was brought forward in the Legislature, members of the opposition, among them Isaac L. Varian 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.

**1833 United States Senator election result**
Office	House	Jacksonian Democrat		Anti-Mason/National Republican		Jacksonian Democrat
U.S. Senator	State Senate (32 members)	Nathaniel P. Tallmadge	18	Francis Granger	6	Benjamin F. Butler	2
	State Assembly (128 members)	Nathaniel P. Tallmadge	69	Francis Granger	25	Benjamin F. Butler	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)

Elections in New York

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NY State Assembly	2002 2004 2006 2008 2010 2012 2014

NY Governor	1777 1780 1783 1786 1789 1792 1795 1798 1801 1804 1807 1810 1811 1813 1816 1817 1820 1822 1824 1826 1828 1830 1832 1834 1836 1838 1840 1842 1966 1970 1974 1978 1982 1986 1990 1994 1998 2002 2006 2010 2014

NY Attorney General	1998 2002 2006 2010 2014

NY Comptroller	1998 2002 2006 2010 2014

NY Judicial	1847 S 1870 S 1959 1960 1969

U.S. President	1872 1876 1880 1884 1888 1892 1896 1900 1904 1908 1912 1916 1920 1924 1928 1932 1936 1940 1944 1948 1952 1956 1960 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012 2016

U.S. Senate	Class 1: 1789 1791 1797 1798 S1 1798 S2 1800 S1 1803 1804 S2 1809 1815 1821 1827 1829 S 1833 1839–40 1845 1851 1857 1863 1869 1875 1881 1881 S 1887 1893 1899 1905 1911 1916 1922 1928 1934 1938 S 1940 1946 1952 1958 1964 1970 1976 1982 1988 1994 2000 2006 2010 S 2012 Class 3: 1789 1795 1796 S 1800 S2 1801 1802 S 1804 S1 1807 1813 1819–20 1825–26 1831 1833 S 1837 1843 1845 S 1849 1855 1861 1867 1873 1879 1881 S 1885 1891 1897 1903 1909 1914 1920 1926 1932 1938 1944 1949 S 1950 1956 1962 1968 1974 1980 1986 1992 1998 2004 2010 2016

U.S. House	1789 1790 1793 1794 1796 1798 1800 1802 1804 1806 1808 1810 1812 1814 1816 1818 1821 1822 1824 1826 1828 1830 1832 1834 1836 1838 1840 1842 1844 1846 1848 1850 1852 1854 1856 1858 1860 1862 1864 1866 1868 1870 1872 1874 1876 1878 1880 1882 1884 1886 1888 1890 1892 1894 1896 1898 1900 1902 1904 1906 1908 1910 1912 1914 1916 1918 1920 1922 1924 1926 1928 1930 1932 1934 1936 1938 1940 1942 1944 1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 (6th S) 2000 2002 2004 2006 (13th, 20th, 29th) 2008 (19th, 20th, 25th, 26th, 29th) 2009 (20th S, 23rd S) 2010 (29th) 2011 (9th S, 26th S) 2012 2014 2016 Special

'S,' 'S1,' and 'S2' denote special election See also: Political party strength in New York

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