1838–39 United States Senate elections

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 & 1837 Dates vary by state 1840 & 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 Whig Last election 35 seats 17 seats Seats before 35 17 Seats won 3 10 Seats after 28 20 Seat change 7 3 Seats up 10 7
Results:      Democratic hold      Whig gain      Whig hold      Legislature failed to elect
Majority Party before election Democratic Elected Majority Party Democratic

The Democratic Party lost seven seats, but still retained a majority.

Results summary

Senate party division, 26th Congress (1839–1841)

• Majority party: Democratic (28–29)
• Minority party: Whig (19–23)
• Total seats: 52

Change in composition

Before the elections

After the January 4, 1838 special election in Maryland.

				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 Maine Ran
Majority →									D27 N.Y. Ran in different party
W17 Vt. Retired	D35 Conn. Retired	D34 Ind. Retired	D33 Ohio Retired	D32 Va. Retired	D31 Pa. Unknown	D30 Miss. Unknown	D29 Mich. Unknown	D28 Mo. Ran
W16 R.I. Unknown	W15 Tenn. (reg) Ran	W14 N.J. Ran	W13 Mass. Ran	W12 Md. Ran	W11 Del. Ran	W10	W9	W8	W7
				W1	W2	W3	W4	W5	W6

Result of the elections

				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 Maine Re-elected
Majority →									D27 Mo. Re-elected
W17 Vt. Hold	W18 Conn. Gain	W19 Ind. Gain	W20 Miss. Gain	V4 Va. D Loss	V3 Pa. D Loss	V2 N.Y. D Loss	V1 Mich. D Loss	D28 Ohio Hold
W16 R.I. Hold	W15 Tenn. (reg) Re-elected	W14 N.J. Re-elected	W13 Mass. Re-elected	W12 Md. Re-elected	W11 Del. Re-elected	W10	W9	W8	W7
				W1	W2	W3	W4	W5	W6

Beginning of the next term

				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 Tenn. (reg) W Declined	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
	Senator	Party	Electoral history
Maryland (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 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 missing]
Mississippi (Class 1)	Thomas H. Williams	Democratic	1838 (appointed)	Interim appointee elected January 30, 1839. Democratic hold. Winner was not elected to the next term; see below.	▌Y Thomas H. Williams (Democratic) [data missing]

Races leading to the 26th Congress

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	Candidates
	Senator	Party	Electoral history
Connecticut	John Niles	Democratic	1835 (special)	Incumbent retired. Winner elected in 1838 or 1839. Whig gain.	▌Y Thaddeus Betts (Whig) [data missing]
Delaware	Richard H. Bayard	Whig	1836 (special)	Incumbent re-elected in 1838 or 1839.	▌Y Richard H. Bayard (Whig) [data missing]
Indiana	John Tipton	Democratic	1832 (special) 1832	Incumbent retired. Winner elected in 1838. Whig gain.	▌Y Albert White (Whig) [data missing]
Maine	Reuel Williams	Democratic	1837 (special)	Incumbent re-elected in 1838 or 1839.	▌Y Reuel Williams (Democratic) [data missing]
Maryland	William Merrick	Whig	1838 (special)	Incumbent re-elected in 1839.	▌Y William Merrick (Whig) [data missing]
Massachusetts	Daniel Webster	Whig	1827 (special) 1833	Incumbent re-elected in 1839.	▌Y Daniel Webster (Whig) [data missing]
Michigan	Lucius Lyon	Democratic	1835	Incumbent retired. Legislature failed to elect until 1840. Democratic loss.	[data missing]
Mississippi	Thomas H. Williams	Democratic	1838 (appointed) 1839 (special)	Incumbent retired or lost re-election. Winner elected in 1838. Whig gain.	▌Y John Henderson (Whig) [data missing]
Missouri	Thomas H. Benton	Democratic	1821 1827 1833	Incumbent re-elected in 1839.	▌Y Thomas H. Benton (Democratic) [data missing]
New Jersey	Samuel L. Southard	Whig	1821 (appointed) 1820 1823 (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) Others
Ohio	Thomas Morris	Democratic	1833	Incumbent retired. Winner elected in 1838. Democratic hold.	▌Y Benjamin Tappan (Democratic) [data missing]
Pennsylvania	Samuel McKean	Democratic	1833	Incumbent retired or lost re-election. Legislature failed to elect until 1840 after the December 1838 election was postponed due to the Buckshot War. Democratic loss.	None.
Rhode Island	Asher Robbins	Whig	1835 (special) 1827 1833	Incumbent retired or lost re-election. 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 missing]
Vermont	Benjamin Swift	Whig	1833	Incumbent retired. Winner elected in 1839. Whig hold.	▌Y Samuel S. Phelps (Whig) [data missing]
Virginia	William C. Rives	Democratic	1832 (special) 1834 (resigned) 1836 (special)	Incumbent retired or lost re-election. Legislature failed to elect until 1841. Democratic loss.	[data missing]

Special election during the 26th Congress

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

State	Incumbent			Results	Candidates
	Senator	Party	Electoral history
Tennessee (Class 1)	Ephraim H. Foster	Whig	1838 (appointed) 1838 or 1839	Incumbent had been elected to the next term (see above), but declined to serve the next term and left office at the end of the term. Winner elected November 19, 1839. Democratic gain.	▌Y Felix Grundy (Democratic) [data missing]

Connecticut

See also: List of United States senators from Connecticut and 1839 United States House of Representatives elections in Connecticut

Delaware

See also: List of United States senators from Delaware and 1838 United States House of Representatives election in Delaware

Indiana

See also: List of United States senators from Indiana and 1839 United States House of Representatives elections in Indiana

Maine

See also: List of United States senators from Maine and 1838 United States House of Representatives elections in Maine

Maryland

See also: List of United States senators from Maryland

Maryland (special)

See also: List of United States senators from Maryland

1838 United States Senate special election in Maryland

← 1833 December 1837 1839 →
80 members of the Maryland General Assembly
Candidate William Duhurst Merrick Party Whig Legislative 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)

See also: List of United States senators from Maryland

1839 United States Senate election in Maryland

← 1838 February 1839 1844 →
80 members of the Maryland General Assembly
Candidate William Duhurst Merrick Party Whig Legislative vote - Percentage -%

William Duhurst Merrick won election to a full term by an unknown margin of votes, for the Class 1 seat.^[4]

Massachusetts

See also: List of United States senators from Massachusetts and 1838–1839 United States House of Representatives elections in Massachusetts

Michigan

See also: List of United States senators from Michigan and 1838 United States House of Representatives election in Michigan

Mississippi

See also: List of United States senators from Mississippi and 1839 United States House of Representatives election in Mississippi

Mississippi (regular)

Mississippi (special)

Missouri

See also: List of United States senators from Missouri and 1838 United States House of Representatives election in Missouri

New Jersey

See also: List of United States senators from New Jersey and 1838 United States House of Representatives election in New Jersey

New York

Main 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)
		First ballot	Second ballot	Third ballot	Fourth ballot	Fifth ballot	Sixth ballot	First ballot
Nathaniel P. Tallmadge	Whig	13			13	13		Y 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.

Ohio

See also: List of United States senators from Ohio and 1838 United States House of Representatives elections in Ohio

Pennsylvania

See also: List of United States senators from Pennsylvania and 1838 United States House of Representatives elections in Pennsylvania

Rhode Island

See also: List of United States senators from Rhode Island and 1839 United States House of Representatives election in Rhode Island

Tennessee

See 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)

Senator Ephraim H. Foster

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.

Tennessee (special, 1839)

Senator Felix Grundy

The legislature then elected Grundy back to the seat November 19, 1839, but he died a year later.

Vermont

See also: List of United States senators from Vermont and 1838 United States House of Representatives elections in Vermont

Virginia

See also: List of United States senators from Virginia and 1839 United States House of Representatives elections in Virginia

See also

• 1838 United States elections
  • 1838–39 United States House of Representatives elections
• 25th United States Congress
• 26th United States Congress

Notes

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.