The 1838–39 United States Senate elections were held on various dates in various states. As these U.S. Senate elections were prior to the ratification of the Seventeenth Amendment in 1913, senators were chosen by state legislatures. Senators were elected over a wide range of time throughout 1838 and 1839, and a seat may have been filled months late or remained vacant due to legislative deadlock.[1] In these elections, terms were up for the senators in Class 1.
Incumbent resigned July 4, 1838 to become U.S. Attorney General. New senator elected September 17, 1838. Whig gain. Winner was also elected to the next term (see below), but declined.
Unknown if incumbent retired or lost. Legislature failed to elect until 1840 after the election in December 1838 was postponed due to the Buckshot War. Democratic loss.
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.[a] The Democratic vote was scattered among many men, nobody receiving more than 2. Four more ballots were held with a similar result.[b] 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.
Whig Ephraim H. Foster was elected September 17, 1838 to finish the term.
Tennessee (regular)
Foster was also elected to the next term, but Foster declined the seat, refusing to take the Tennessee General Assembly's instructions on how to vote, so he left office March 3, 1839 and the seat was vacant when the term began.
^ 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.
References
^"17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913)". National Archives and Records Administration. February 8, 2022.
^J. Fred Parker, Secretary of State (1914). Manual, with Rules and Orders, for the use of the General Assembly of the State of Rhode Island, 1914. State of Rhode Island manual. Providence, RI: E. L. Freeman Company, State Printers. p. 149.
^"Our Campaigns - MD US Senate Race - Dec 00, 1837". www.ourcampaigns.com. Retrieved 2022-11-05.
^"Our Campaigns - MD US Senate Race - Feb 00, 1839". www.ourcampaigns.com. Retrieved 2022-11-05.
Sources
Party Division in the Senate, 1789–Present, via Senate.gov
August 22, 2023
1838, united, states, senate, elections, were, held, various, dates, various, states, these, senate, elections, were, prior, ratification, seventeenth, amendment, 1913, senators, were, chosen, state, legislatures, senators, were, elected, over, wide, range, ti. The 1838 39 United States Senate elections were held on various dates in various states As these U S Senate elections were prior to the ratification of the Seventeenth Amendment in 1913 senators were chosen by state legislatures Senators were elected over a wide range of time throughout 1838 and 1839 and a seat may have been filled months late or remained vacant due to legislative deadlock 1 In these elections terms were up for the senators in Class 1 1838 39 United States Senate elections 1836 amp 1837 Dates vary by state 1840 amp 1841 17 of the 52 seats in the United States Senate plus special elections 27 seats needed for a majority Majority party Minority party Party Democratic WhigLast election 35 seats 17 seatsSeats before 35 17Seats won 3 10Seats after 28 20Seat change 7 3Seats up 10 7Results Democratic hold Whig gain Whig hold Legislature failed to electMajority Party before electionDemocratic Elected Majority Party DemocraticThe Democratic Party lost seven seats but still retained a majority Contents 1 Results summary 2 Change in composition 2 1 Before the elections 2 2 Result of the elections 2 3 Beginning of the next term 3 Race summaries 3 1 Special elections during the 25th Congress 3 2 Races leading to the 26th Congress 3 3 Special election during the 26th Congress 4 Connecticut 5 Delaware 6 Indiana 7 Maine 8 Maryland 8 1 Maryland special 8 2 Maryland regular 9 Massachusetts 10 Michigan 11 Mississippi 11 1 Mississippi regular 11 2 Mississippi special 12 Missouri 13 New Jersey 14 New York 15 Ohio 16 Pennsylvania 17 Rhode Island 18 Tennessee 18 1 Tennessee special 1838 18 2 Tennessee regular 18 3 Tennessee special 1839 19 Vermont 20 Virginia 21 See also 22 Notes 23 References 24 SourcesResults summary EditSenate party division 26th Congress 1839 1841 Majority party Democratic 28 29 Minority party Whig 19 23 Total seats 52Change in composition EditBefore the elections Edit After the January 4 1838 special election in Maryland D1 D2 D3 D4 D5 D6D16 D15 D14 D13 D12 D11 D10 D9 D8 D7D17 D18 D19 D20 D21 D22 D23 D24 D25 D26Maine RanMajority D27N Y Ran in different partyW17Vt Retired D35Conn Retired D34Ind Retired D33Ohio Retired D32Va Retired D31Pa Unknown D30Miss Unknown D29Mich Unknown D28Mo RanW16R I Unknown W15Tenn reg Ran W14N J Ran W13Mass Ran W12Md Ran W11Del Ran W10 W9 W8 W7W1 W2 W3 W4 W5 W6Result of the elections Edit D1 D2 D3 D4 D5 D6D16 D15 D14 D13 D12 D11 D10 D9 D8 D7D17 D18 D19 D20 D21 D22 D23 D24 D25 D26Maine Re electedMajority D27Mo Re electedW17Vt Hold W18Conn Gain W19Ind Gain W20Miss Gain V4Va D Loss V3Pa D Loss V2N Y D Loss V1Mich D Loss D28Ohio HoldW16R I Hold W15Tenn reg Re elected W14N J Re elected W13Mass Re elected W12Md Re elected W11Del Re elected W10 W9 W8 W7W1 W2 W3 W4 W5 W6Beginning of the next term Edit D1 D2 D3 D4 D5 D6D16 D15 D14 D13 D12 D11 D10 D9 D8 D7D17 D18 D19 D20 D21 D22 D23 D24 D25 D26Majority D27W17 W18 W19 V5Tenn reg W Declined V4 V3 V2 V1 D28W16 W15 W14 W13 W12 W11 W10 W9 W8 W7W1 W2 W3 W4 W5 W6Key D DemocraticW WhigV VacantRace summaries EditSpecial elections during the 25th Congress Edit In these special elections the winners were seated during 1838 or before March 4 1839 ordered by election date State Incumbent Results CandidatesSenator Party Electoral historyMaryland Class 1 Joseph Kent Whig 1833 Incumbent died November 24 1837 New senator elected January 4 1838 Whig hold Winner was also elected to the next term see below Y 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 New senator elected September 17 1838 Whig gain Winner was also elected to the next term see below but declined Y Ephraim H Foster Whig data unknown missing Mississippi Class 1 Thomas H Williams Democratic 1838 Appointed Interim appointee elected January 30 1839 Democratic hold Successor was not elected to the next term see below Y Thomas H Williams Democratic data unknown missing Races leading to the 26th Congress Edit In these regular 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 CandidatesSenator Party Electoral historyConnecticut John Niles Democratic 1835 special Incumbent retired Winner elected in 1838 or 1839 Whig gain Y Thaddeus Betts Whig data unknown missing Delaware Richard H Bayard Whig 1836 special Incumbent re elected in 1838 or 1839 Y Richard H Bayard Whig data unknown missing Indiana John Tipton Democratic 1832 special 1832 Incumbent retired Winner elected in 1838 Whig gain Y Albert White Whig data unknown missing Maine Reuel Williams Democratic 1837 special Incumbent re elected in 1838 or 1839 Y Reuel Williams Democratic data unknown missing Maryland William Merrick Whig 1838 special Incumbent re elected in 1839 Y William Merrick Whig data unknown missing Massachusetts Daniel Webster Whig 1827 special 1833 Incumbent re elected in 1839 Y Daniel Webster Whig data unknown missing Michigan Lucius Lyon Democratic 1835 Incumbent retired Legislature failed to elect until 1840 Democratic loss data unknown missing Mississippi Thomas H Williams Democratic 1838 Appointed 1839 special Unknown if incumbent retired or lost Winner elected in 1838 Whig gain Y John Henderson Whig data unknown missing Missouri Thomas H Benton Democratic 182118271833 Incumbent re elected in 1839 Y Thomas H Benton Democratic data unknown missing New Jersey Samuel L Southard Whig 1821 Appointed 18201823 Resigned 1833 Incumbent re elected in 1839 Y Samuel L Southard Whig New York Nathaniel P Tallmadge Democratic 1833 Incumbent ran for re election as a Whig Legislature failed to elect Democratic loss Nathaniel P Tallmadge Whig Samuel Nelson Democratic Samuel Beardsley Democratic OthersOhio Thomas Morris Democratic 1833 Incumbent retired Winner elected in 1838 Democratic hold Y 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 election in December 1838 was postponed due to the Buckshot War Democratic loss None Rhode Island Asher Robbins Whig 1835 special 18271833 Unknown if incumbent retired or lost Winner elected November 3 1838 Whig hold Y Nathan F Dixon Whig 54 votes Benjamin Babock Thurston Democratic 26 votes Albert C Greene Whig 1 vote Dutee Jerauld Pearce Democratic 1 vote 2 Tennessee Ephraim H Foster Whig 1838 special Incumbent re elected Incumbent then declined the seat Y Ephraim H Foster Whig data unknown missing Vermont Benjamin Swift Whig 1833 Incumbent retired Winner elected in 1839 Whig hold Y 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 Edit In this special election the winner was seated in 1839 after March 4 State Incumbent Results CandidatesSenator Party Electoral historyTennessee 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 Y Felix Grundy Democratic data unknown missing Connecticut EditSee also List of United States senators from Connecticut and 1839 United States House of Representatives elections in ConnecticutDelaware EditSee also List of United States senators from Delaware and 1838 United States House of Representatives election in DelawareIndiana EditSee also List of United States senators from Indiana and 1839 United States House of Representatives elections in IndianaMaine EditSee also List of United States senators from Maine and 1838 United States House of Representatives elections in MaineMaryland EditSee also List of United States senators from Maryland Maryland special Edit See also List of United States senators from Maryland This section needs expansion You can help by adding to it November 2022 1838 United States Senate special election in Maryland 1833 December 1837 1839 80 members of the Maryland General Assembly Candidate William Duhurst MerrickParty WhigLegislative vote Percentage William Duhurst Merrick won election over to fill the seat vacated by Joseph Kent by an unknown margin of votes for the Class 1 seat 3 Maryland regular Edit See also List of United States senators from Maryland This section needs expansion You can help by adding to it November 2022 1839 United States Senate election in Maryland 1838 February 1839 1844 80 members of the Maryland General Assembly Candidate William Duhurst MerrickParty WhigLegislative vote Percentage William Duhurst Merrick won election to a full term by an unknown margin of votes for the Class 1 seat 4 Massachusetts EditSee also List of United States senators from Massachusetts and 1838 1839 United States House of Representatives elections in MassachusettsMichigan EditSee also List of United States senators from Michigan and 1838 United States House of Representatives election in MichiganMississippi EditSee also List of United States senators from Mississippi and 1839 United States House of Representatives election in Mississippi Mississippi regular Edit Mississippi special EditMissouri EditSee also List of United States senators from Missouri and 1838 United States House of Representatives election in MissouriNew Jersey EditSee also List of United States senators from New Jersey and 1838 United States House of Representatives election in New JerseyNew York EditMain article 1839 1840 United States Senate election in New York See also List of United States senators from New York and 1838 United States House of Representatives elections in 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 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 a The Democratic vote was scattered among many men nobody receiving more than 2 Four more ballots were held with a similar result b 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 Candidate Party New York Senate 32 members Assembly 128 members Firstballot Secondballot Thirdballot Fourthballot Fifthballot Sixthballot FirstballotNathaniel P Tallmadge Whig 13 13 13 Y 82Samuel Nelson Democratic 2Samuel Beardsley Democratic 1 2 2 16William C Bouck Democratic 1 1 1 1Churchill C Cambreleng Democratic 1 1 1 1Hiram Denio Democratic 1 1 1 1John A Dix Democratic 1 1 1 1Charles E Dudley Democratic 1 1 1 1Azariah C Flagg Democratic 1 1 1 1Freeborn G Jewett Democratic 1 1 1 1Ebenezer Mack Democratic 1 1 1 1Charles McVean Democratic 1 1 1 1Joseph D Monell Democratic 1 1 1 1John Savage Democratic 1 1 1 1Jacob Sutherland Democratic 1 1 1 1John Tracy Democratic 1 1 1 1Greene C Bronson Democratic 1Reuben H Walworth Democratic 1Levi Beardsley Democratic 1 1 1Benjamin F Butler Democratic 1 1 1Abijah Mann Jr Democratic 1 1 1No further action was taken by this Legislature and the seat became vacant on March 4 1839 Tallmadge would later be elected in 1840 Ohio EditSee also List of United States senators from Ohio and 1838 United States House of Representatives elections in OhioPennsylvania EditSee also List of United States senators from Pennsylvania and 1838 United States House of Representatives elections in PennsylvaniaRhode Island EditSee also List of United States senators from Rhode Island and 1839 United States House of Representatives election in Rhode IslandTennessee EditSee also List of United States senators from Tennessee and 1839 United States House of Representatives elections in Tennessee There were three elections to the same seat due to the July 4 1838 resignation of Democrat Felix Grundy to become U S Attorney General Tennessee special 1838 Edit Senator Ephraim H FosterWhig Ephraim H Foster was elected September 17 1838 to finish the term Tennessee regular Edit Foster was also elected to the next term but Foster declined the seat refusing to take the Tennessee General Assembly s instructions on how to vote so he left office March 3 1839 and the seat was vacant when the term began Tennessee special 1839 Edit Senator Felix GrundyThe legislature then elected Grundy back to the seat November 19 1839 but he died a year later Vermont EditSee also List of United States senators from Vermont and 1838 United States House of Representatives elections in VermontVirginia EditSee also List of United States senators from Virginia and 1839 United States House of Representatives elections in VirginiaSee also Edit1838 United States elections 1838 39 United States House of Representatives elections 25th United States Congress 26th United States CongressNotes Edit 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 References Edit 17th Amendment to the U S Constitution Direct Election of U S Senators 1913 National Archives and Records Administration February 8 2022 J Fred Parker Secretary of State 1914 Manual with Rules and Orders for the use of the General Assembly of the State of Rhode Island 1914 State of Rhode Island manual Providence RI E L Freeman Company State Printers p 149 Our Campaigns MD US Senate Race Dec 00 1837 www ourcampaigns com Retrieved 2022 11 05 Our Campaigns MD US Senate Race Feb 00 1839 www ourcampaigns com Retrieved 2022 11 05 Sources EditParty Division in the Senate 1789 Present via Senate gov Retrieved from https en wikipedia org w index php title 1838 39 United States Senate elections amp oldid 1143325413 Ohio, wikipedia, wiki, book, books, library,
