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.

On January 27, 1790, the 13th New York State Legislature resolved that it was incompatible to hold a federal office at the same time as a seat in the legislature, and declared the seats of James Duane, John Laurance, John Hathorn, Philip Schuyler and Rufus King vacant.

Besides, Anthony Hoffman died early in 1790, leaving a total of four vacancies (Hathorn's term was expiring anyway) in the state Senate, to be filled by special elections.

Senators John Williams (Eastern D.) and Peter Schuyler (Western D.) were re-elected; and David Gelston (Southern D.), David Pye (Middle D.), and Assemblymen Philip Van Cortlandt (Southern D.) and Stephen Van Rensselaer (Western D.) were also elected to full terms in the Senate.

The legislature was to meet for the regular session on January 4, 1791, at Federal Hall in New York City; both Houses assembled a quorum on the next day; and adjourned on March 24.

Besides, the Livingston faction of the Federalist Party felt betrayed after the election of Rufus King over their candidate James Duane in 1789, and now allied themselves with Clinton and later became Democratic-Republicans.

The total number of assemblymen was again set at 70; but several new counties were established: Herkimer (1), Ontario (1), Otsego (1), Rensselaer (5), Saratoga (4) and Tioga (1); Kings, Orange, Queens, Richmond, Suffolk, Ulster and Westchester lost 1 seat, and Montgomery and New York lost 2; and Columbia won 3 seats.