The originally scheduled 1839 election for Tallmadge's seat ended without a conclusion because the Democratic-controlled Senate refused to nominate an opponent.

Tallmadge, a former Democrat, was now a member of the Conservative faction, and having endorsed the Whig ticket at the last state election, had considerable support but also met some rejection.

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.

(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 Democrat 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.

The strength of the parties in the Assembly, as shown by the vote for Speaker, was: 68 for Whig George Washington Patterson and 56 for Democrat Levi S. Chatfield.

Tallmadge re-took his seat on January 27, 1840,[3] and remained in office until June 17, 1844, when he resigned to be appointed Governor of Wisconsin Territory.

Daniel S. Dickinson was appointed to fill the vacancy temporarily, and subsequently elected by the state legislature to succeed Tallmadge.