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 Legislature met for the regular session at the Old State Capitol in Albany on January 1, 1839; and the Assembly adjourned on May 6, the Senate on May 7.

At this session, the lieutenant governor was a member of the minority party, and the Democratic majority voted to appoint the committees by ballot.

On February 18, the Legislature elected Samuel B. Ruggles (W) a Canal Commissioner, to fill the vacancy caused by the death of Van Rensselaer.