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1838–39 United States Senate elections
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March 2026
January 2025
1838–39 United States Senate elections United States 1837 legislative no 1836–37 United States Senate elections 1836 & 1837 1840–41 United States Senate elections 1840 & 1841 Class 1 1832–33 United States Senate elections 1832 & 1833 1844–45 United States Senate elections 1844 & 1845 17 of the 52 seats in the United States Senate (plus special elections) 27 Dates vary by state 100px Seats up Democratic Party (US) 35 seats 35 3 28 7 10 Whig Party (US) 17 seats 17 10 20 3 7 Majority Party Democratic Party (US) Democratic Party (US) File:1838senatemap.svg Results:#92C5DE Democratic hold #c49213 Whig gain #f3d586 Whig hold#000000 Legislature failed to elect
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.https://www.archives.gov/milestone-documents/17th-amendment 17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913) National Archives and Records Administration February 8, 2022 In these elections, terms were up for the senators in Class 1.
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 D26MaineRan Majority → D27N.Y. New YorkRan in different party W17Vt. VermontRetired D35Conn. ConnecticutRetired D34Ind. IndianaRetired D33OhioRetired D32Va. VirginiaRetired D31Pa. PennsylvaniaUnknown D30Miss. MississippiUnknown D29Mich. MichiganUnknown D28Mo. MissouriRan W16R.I. Rhode IslandUnknown W15Tenn. Tennessee (reg)Ran W14N.J. New JerseyRan W13Mass. MassachusettsRan W12Md. MarylandRan W11Del. DelawareRan 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 D26MaineRe-elected Majority → D27Mo. MissouriRe-elected W17Vt. VermontHold W18Conn. ConnecticutGain W19Ind. IndianaGain W20Miss. MississippiGain V4Va. VirginiaD Loss V3Pa. PennsylvaniaD Loss V2N.Y. New YorkD Loss V1Mich. MichiganD Loss D28OhioHold W16R.I. Rhode IslandHold W15Tenn. Tennessee (reg)Re-elected W14N.J. New JerseyRe-elected W13Mass. MassachusettsRe-elected W12Md. MarylandRe-elected W11Del. DelawareRe-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 V5Tenn. Tennessee (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.
Whig Party (US) William Duhurst Merrick (Whig)
February 2020 Mississippi(Class 1) Thomas H. Williams Democratic 1838 (appointed) Interim appointee elected January 30, 1839.Winner was not elected to the next term; see below.
Democratic Party (US) Thomas H. Williams (Democratic)
February 2020
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.
Whig Party (US) Thaddeus Betts (Whig)
February 2020 Delaware Richard H. Bayard Whig 1836 (special) Incumbent re-elected in 1838 or 1839.
Whig Party (US) Richard H. Bayard (Whig)
February 2020 Indiana John Tipton Democratic 1832 (special)1832 Incumbent retired.Winner elected in 1838.Whig gain.
Whig Party (US) Albert White (Whig)
February 2020 Maine Reuel Williams Democratic 1837 (special) Incumbent re-elected January 17, 1839.
Democratic Party (US) Reuel Williams (Democratic) 125
Whig Party (US)George Evans (Whig) 71
Unknown PartyJohn S. Tenney (Unknown) 6
Unknown PartyEzekiel Whitman (Unknown) 3
Whig Party (US)John Holmes (Whig) 11839 Journal of the House of Representatives of the State of Maine. At the Session Held at Augusta. 1839. https://digitalmaine.com/cgi/viewcontent.cgi?article=1041&context=arc_leg_journals Augusta, ME 99–1001839 Journal of the Senate of the State of Maine at the Session Held at Augusta. 1839. https://digitalmaine.com/cgi/viewcontent.cgi?article=1040&context=arc_leg_journals Augusta, ME 104 Maryland William Merrick Whig 1838 (special) Incumbent re-elected in 1839.
Whig Party (US) William Merrick (Whig)
February 2020 Massachusetts Daniel Webster Whig 1827 (special)1833 Incumbent re-elected in 1839.
Whig Party (US) Daniel Webster (Whig)
February 2020 Michigan Lucius Lyon Democratic 1835 Incumbent retired.Legislature failed to elect until 1840.Democratic loss. February 2020 Mississippi Thomas H. Williams Democratic 1838 (appointed)1839 (special) Incumbent retired or lost re-election.Winner elected in 1838.Whig gain.
Whig Party (US) John Henderson (Whig)
February 2020 Missouri Thomas H. Benton Democratic 182118271833 Incumbent re-elected in 1839.
Democratic Party (US) Thomas H. Benton (Democratic)
February 2020 New Jersey Samuel L. Southard Whig 1821 (appointed)18201823 (resigned)1833 Incumbent re-elected in 1838.
Whig Party (US) Samuel L. Southard (Whig) 36
Democratic Party (US)Mahlon Dickerson (Democrat) 24 New York Nathaniel P. Tallmadge Democratic 1833 Incumbent ran for re-election as a Whig.Legislature failed to elect.Democratic loss. Whig Party (US)Nathaniel P. Tallmadge (Whig)
Democratic Party (US)Samuel Nelson (Democratic)
Democratic Party (US)Samuel Beardsley (Democratic)
Others Ohio Thomas Morris Democratic 1833 Incumbent retired.Winner elected in 1838.Democratic hold.
Democratic Party (US) Benjamin Tappan (Democratic)
February 2020 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)18271833 Incumbent retired or lost re-election.Winner elected November 3, 1838.Whig hold.
Whig Party (US) Nathan F. Dixon (Whig) 54 votes
Democratic Party (US)Benjamin Babock Thurston (Democratic) 26 votes
Whig Party (US)Albert C. Greene (Whig) 1 vote
Democratic Party (US)Dutee Jerauld Pearce (Democratic) 1 voteJ. 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 https://babel.hathitrust.org/cgi/pt?id=coo.31924106096948&view=1up&seq=191&skin=2021 Providence, RI E. L. Freeman Company, State Printers 149 Tennessee Felix Grundy Democratic 1829 (special)1833 Incumbent resigned July 4, 1838 to become U.S. Attorney General.A new senator had already been elected October 21, 1837.Whig gain.Winner was then appointed to finish the unexpired term but declined to serve the next term (see below).
Whig Party (US) Ephraim H. Foster (Whig) 65
Democratic Party (US)William Carroll (Democratic) 331838 Journal of the House of Representatives of the State of Tennessee, the Twenty-Second General Assembly, Held at Nashville. https://babel.hathitrust.org/cgi/pt?id=nyp.33433010019416&seq=7 Knoxville, TN Ramsey & Craighead 84–85 Vermont Benjamin Swift Whig 1833 Incumbent retired.Winner elected in 1839.Whig hold.
Whig Party (US) Samuel S. Phelps (Whig)
February 2020 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. February 2020
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) Vacant Appointed incumbent Ephraim H. Foster 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.New senator elected November 19, 1839.Democratic gain.
Democratic Party (US) Felix Grundy (Democratic) 56
Whig Party (US)Ephraim H. Foster (Whig) 441840 Senate Journal of the First Session of the Twenty-Third General Assembly of the State of Tennessee: Begun and Held in the City of Nashville on Monday, the Seventh Day of October, 1839. https://babel.hathitrust.org/cgi/pt?id=uiug.30112108189314&seq=134 Columbia, TN J.H. Thompson 130
Connecticut
List of United States senators from Connecticut 1839 United States House of Representatives elections in Connecticut
Delaware
List of United States senators from Delaware 1838 United States House of Representatives election in Delaware
Indiana
List of United States senators from Indiana 1839 United States House of Representatives elections in Indiana
Maine
List of United States senators from Maine 1838 United States House of Representatives elections in Maine
Maryland
List of United States senators from Maryland
Maryland (special)
List of United States senators from Maryland
November 2022
1838 United States Senate special election in Maryland - F0C862 -% Whig Party (United States) William Duhurst Merrick 1839 1839 United States Senate election in Maryland 1833 1833 United States Senate election in Maryland 80 members of the Maryland General Assembly Legislative December 1837 presidential
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.https://www.ourcampaigns.com/RaceDetail.html?RaceID=122882 Our Campaigns - MD US Senate Race - Dec 00, 1837 2022-11-05 www.ourcampaigns.com
Maryland (regular)
List of United States senators from Maryland
November 2022
1839 United States Senate election in Maryland - F0C862 -% Whig Party (United States) William Duhurst Merrick 1844 1844 United States Senate election in Maryland 1838 1838 United States Senate special election in Maryland 80 members of the Maryland General Assembly Legislative February 1839 presidential
William Duhurst Merrick won election to a full term by an unknown margin of votes, for the Class 1 seat.https://www.ourcampaigns.com/RaceDetail.html?RaceID=122883 Our Campaigns - MD US Senate Race - Feb 00, 1839 2022-11-05 www.ourcampaigns.com
Massachusetts
List of United States senators from Massachusetts 1838–1839 United States House of Representatives elections in Massachusetts
Michigan
List of United States senators from Michigan 1838 United States House of Representatives election in Michigan
Mississippi
List of United States senators from Mississippi 1839 United States House of Representatives election in Mississippi
Mississippi (regular)
Mississippi (special)
Missouri
List of United States senators from Missouri 1838 United States House of Representatives election in Missouri
New Jersey
List of United States senators from New Jersey 1838 United States House of Representatives election in New Jersey
New York
1839–1840 United States Senate election in New York
List of United States senators from New York 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. Whig John Maynard did not vote on the first five ballots. The Democratic vote was scattered among many men, nobody receiving more than 2. Four more ballots were held with a similar result. The on-line copy of the Senate journal omits the pages with the second and third ballot. 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 Firstballot 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.
Ohio
List of United States senators from Ohio 1838 United States House of Representatives elections in Ohio
Pennsylvania
List of United States senators from Pennsylvania 1838 United States House of Representatives elections in Pennsylvania
Rhode Island
List of United States senators from Rhode Island 1839 United States House of Representatives election in Rhode Island
Tennessee
List of United States senators from Tennessee 1839 United States House of Representatives elections in Tennessee
thumb|125px|Senator Ephraim H. Foster
There were two elections to the same seat due to the July 4, 1838 resignation of Democrat Felix Grundy to become U.S. Attorney General. Whig Ephraim H. Foster was appointed September 17, 1838, to finish Grundy's term.
Tennessee (regular)
Foster, who had already been elected to the next term, 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)
thumb|125px|Senator Felix Grundy
The legislature then elected Grundy back to the seat November 19, 1839, but he died a year later.
Vermont
List of United States senators from Vermont 1838 United States House of Representatives elections in Vermont
Virginia
List of United States senators from Virginia 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
References
Sources
Party Division in the Senate, 1789–Present, via Senate.gov