Under the provisions of the New York Constitution of 1777, the State Senators were elected on general tickets in the senatorial districts, and were then divided into four classes.

Assemblymen were elected countywide on general tickets to a one-year term, the whole assembly being renewed annually.

This was the first time that the politicians were divided into two opposing political parties: those who advocated the creation of a stronger federal government and the adoption of the US Constitution, as drafted, were henceforth known as Federalists, those who advocated stronger State governments and demanded many changes to the proposed Constitution as Anti-Federalists, or Democratic-Republicans.

In February and March 1789, the Legislature debated at length "An act for prescribing the times, places and manner of holding elections for Senators of the United States of America, to be chosen in this State" but the Anti-Federalist Assembly majority and the Federalist Senate majority could not agree, and they adjourned without having elected U.S.

Both parties hoped to win the next State election, to be held in April 1789, and agreed to adjourn earlier than usual, leaving it to the new members to find a way out of the deadlock.