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.

George Clinton called for a special session of the legislature to meet on July 6, only a few days after the new members' term would begin.

[2] Thus Schuyler, King, Hathorn, Laurance and federal judge James Duane vacated their seats in the state legislature.

George Clinton asked the State Assembly for a decision, but the latter refused to do so, arguing that it was a question of law, which could be pursued in the courts.

Philip Livingston, John Cantine, Edward Savage and Alexander Webster changed from the Assembly to the Senate.