Under the provisions of the New York Constitution of 1821, 32 Senators were elected on general tickets in eight senatorial districts for four-year terms.

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

The incumbent Democratic State government was blamed for it by the voters, and the opposing Whig Party won the election in November in a landslide.

The Legislature met for the regular session at the Old State Capitol in Albany on January 2, 1838; and adjourned on April 18.

Senator Nathaniel P. Tallmadge, Congressman John C. Clark and Ex-Assemblyman Judah Hammond) met under the name of "Conservatives" at Syracuse, and endorsed the Whig nominees Seward and Bradish.