The Election of Pelham Patriot Philip Pell III to Congress in 1788 Over Alexander Hamilton and Others

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Today is town-wide election day in the Town of Pelham!  All Pelham residents in both villages should exercise their right and privilege to vote today!  

In honor of election day, today's Historic Pelham article will detail an important election held in the earliest days of our Republic.  In that election, famed Pelham Revolutionary War hero Philip Pell III defeated Alexander Hamilton and others to be named one of five members of Congress to represent the State of New York as a delegate to the United States Congress "for one year, or until the new constitution shall be put into operation."

Philip Pell III

Philip Pell I of the Manor of Pelham was a son of Thomas Pell (referenced by members of the Pell family as "Third Lord of the Manor of Pelham) who died between December 21, 1751 and May 27, 1752. He married Hannah Mott. 

Philip Pell I and Hannah Mott had a son they named Philip. Philip Pell II (b. 1732; d. 1788) married Gloria Tredwell and is believed to have built the original Pell farmhouse that forms a portion of the home that still stands at 45 Iden Avenue known as Pelhamdale, listed on the National Register of Historic Places. 

Philip Pell II and Gloria Tredwell had a son they also named Philip. Philip Pell III, often referenced in some records, confusingly, as Philip Pell, Jr. as is his father, occasionally), became an illustrious citizen of Pelham. He served as Deputy Judge Advocate General of the Continental Army. Some have claimed he served for a time, as Acting Judge Advocate General during the Revolutionary War. He rode triumphantly with George Washington into Manhattan on Evacuation Day at the close of the War. He served as a Delegate to the Continental Congress, a member of the New York State Assembly, a Regent of the University of the State of New York, and Surrogate of Westchester County. Philip Pell III lived in a home that he built near today's Colonial Avenue (the old Boston Post Road) and today's Cliff Avenue on a farm that encompassed much of today's Pelham Heights and the grounds of the Pelham Memorial High School.

Background of the Election

In late 1788, the nation was in an unusual state.  The Articles of Confederation that preceded the United States Constitution were still in force.  Although New Hampshire became the critical ninth State to ratify the new Constitution only months before on June 21, 1788.  The new government under the new Constitution, however, was not scheduled to begin operations until March 4, 1789.

On December 15, 1788, the State Assembly of the State of New York began a multi-day session during which, among other things, it had to elect, with the New York Senate, a slate of men to serve as delegates to the United States Congress to represent the State of New York "for one year, or until the new constitution shall be put into operation."

The first order of business that day was for the Assembly to determine how many delegates should be sent to represent the State in Congress.  There previously had been three such representatives.  However, given transportation and other difficulties of the day, the State occasionally was left unrepresented at critical times because no one was able to attend.  The Assembly (and later the State Senate), voted to expand the number it would send from three to five.

The following day (December 16, 1788), the Assembly considered and voted to choose five men from among eleven candidates to represent the State in Congress.  Among those considered was Philip Pell III who, at the time, was an Anti-Federalist and resident of the newly-established Town of Pelham that had been created by the State Legislature only months before on March 7, 1788.  Another candidate considered was ardent Federalist and American Patriot Alexander Hamilton.  The final tally was:

Abraham Yates, Jr.              34
John Hathorn                       31
Philip Pell                             30
David Gelston                      29
Samuel Jones                      26
Leonard Gansevoort            23
Alexander Hamilton             22
Egbert Benson                     21
Ezra L'Hommedieu              21
John Lawrence                    17
Z. Platt                                   1

After the vote, members of the State Senate attended in the Assembly chamber for a joint session.  When the Senate presented the five delegates it had chosen, all had been rejected by the Assembly.  The five chosen by the Senate were:  Alexander Hamilton, Ezra L'Hommedieu, John Lawrence, Egbert Benson, and Leonard Gansevoort.

After a little good old fashioned arm-twisting, a joint ballot of the Assembly and Senate was conducted.  The final tally was:

Abraham Yates, jun.        39
David Gelston                  37
John Hathorn                   37
Philip Pell                         37
Samuel Jones                  36
Ezra L'Hommedieu          33
Alexander Hamilton         32
Egbert Benson                32
Leonard Gansevoort       32
John Lawrence                29
Thomas Tredwell              1

The joint session elected the same five men that the House originally chose:  Abraham Yates, Jr.; David Gelston; John Hathorn; Philip Pell; and Samuel Jones.  Those five were declared to be the duly elected delegates to represent New York in the United States in Congress assembled, "for one year, or until the new constitution shall be put into operation."  The Town of Pelham's own Philip Pell III was among the five.

*          *          *          *          *

I have written on numerous occasions about famed American Patriot Philip Pell III.  For examples, see:

Mon., Feb. 15, 2016:  More on Revolutionary War Patriot Philip Pell, Jr. of the Manor of Pelham.  

Tue., Mar. 07, 2017:  Philip Pell of the Manor of Pelham Was a Commissioner to Partition Manor of Scarsdale Lands.  

Fri., Jan. 30, 2015:  Stained Glass Window Honoring Philip Pell of the Manor of Pelham in St. Paul's Chapel of Columbia University.

Mon., Jan. 27, 2014:  What is that Memorial Tablet Next to Pelham Memorial High School and Who Was Col. Philip Pell?

Tue. Feb. 9, 2010:  1755 Census of Slaves Older than Fourteen in the "Mannour of Pelham."  

Fri., Jan. 9, 2009:  Another Brief Biography of Philip Pell of the Manor of Pelham.  

Tue., Dec. 4, 2007:  Philip Pell of Pelham Elected to Chair Meeting of Supporters of the New York Gubernatorial Candidacy of George Clinton in 1789.  

Mon., Nov. 5, 2007:  References to Philip Pell in the Minutes of the Commissioners for Detecting and Defeating Conspiracies in the State of New York.  

Fri., Mar. 30, 2007:  Biographical Information for Philip Pell Published in 1895.  

Fri., Mar. 9, 2007:  Abstract of Will of Philip Pell, Sr. of the Manor of Pelham Prepared in 1751 and Proved in 1752.  [This is an abstract of the will of the father of Col. Philip Pell.] 

Wed., Oct. 18, 2006:  18th Century Statutes Appointing Philip Pell, Sr. of Pelham To Collect Taxes on "Strong Liquors Retailed in This Colony."  [This is the father of Col. Philip Pell.]

Thu., Aug. 24, 2006:  Philip Pell of the Manor of Pelham: An Early Victim of the "Spoils System" in New York at the Turn of the 19th Century.  

Mon., Jul. 17, 2006:  1780 Letter to George Clinton from American Patriot Philip Pell of Pelham Manor, Commissary of Prisoners of the State of New York.   

Thu., Apr. 20, 2006:  1788 Campaign Broadside Urging Support for Candidate Opposing Philip Pell of Pelham Manor.  

The Homestead of Colonel Philip Pell III that Once Stood

Near Today's Colonial Avenue (the old Boston Post Road)

and Today's Cliff Avenue.  Source:  Montgomery, William R.

& Montgomery, Frances E., Colonel Philip Pell (1753-1811)

Abridged from "The Pells of Pelham," The Pelham Sun, Oct.

21, 1938, pg. 11, col. 3.  NOTE:  Click on Image to Enlarge.

Granite and Bronze Memorial to Col. Philip Pell III on

Grounds of the Pelham Memorial High School.  Source:

Photograph by the Author, 2004.  NOTE:  Click on Image

to Enlarge.

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Below are two newspaper accounts describing the events that are the subject of today's Historic Pelham article.  Each is followed by a citation and link to its source.

"American Intelligence.
-----

NEW-YORK, Dec. 26, 
Proceedings of the Legislature.
HOUSE OF ASSEMBLY.

Monday, December 15, 1788.

THE fee bill was read a second time, and committed.

The bill for putting the constitution into operation, was also read a second time and committed.

A message was received from the Senate, non-concurring with the resolution for choosing only 3 members of Congress, and proposing 5 if they also sent another resolution, requiring the House to appoint a committee, to meet a committee from the Senate, to take into consideration the appointment of a State Printer.

On motion of Mr. Jones, the last resolution was agreed to, without opposition; and Messrs. Adgate, J. Van Rensellaer, Hoffman, B. Livingston, and Havens, were appointed on the part of the House.  [The committee from the Senate are General Schuyler, Mr. Lawrence, and Mr. Tredwell.]

Mr. Harrison then moved to concur with the Senate in the resolution for appointing five delegates to Congress.

Mr. Speaker, said he, when that matter was before the House on Saturday, I remember that the principal argument for having only 3, was the additional expence.  In matters of such infinite importance, the article of expence ought not to be principally attended to; it was also observed, that we had formerly been represented by three.  Sir, the conduct of government for deviating from the number and electing 5, is a strong reason why we should agree with the proposition now before us; for, if there had not been cogent reasons for increasing the number, it certainly would not have been done. -- I believe the true reason was, that by appointing only three, the State was seldom represented.  We may better prefer the certainty of a representation, to a trifling expence; and though the present delegation, it is true, is to be only for a short period, yet in this interval consequences may arise which may affect the latest posterity.  Congress may enter into treaties, or other important negotiations that may highly interest our happiness and [illegible.]  We ought not, therefore, to fac[illegible] safety to trifles.  I hope, sir, we sha[illegible] with the Senate.

The question being taken, it was agreed to unanimously.

Mr. Jones moved for leave and brought in a bill for the relief of debtors with the respect to the imprisonment of their persons, which being read a first time was ordered a second reading.

Went into a committee on the Governor's speech.  

Mr. Low in the chair.

After some time spent thereon, the committee rose and reported that they had agreed to a resolution for passing a bill to comply with the requisition of Congress for the year 1788. -- This resolution was adopted by the house, and the committee of ways and means directed to bring in the bill.

Adjourned.

Tuesday, December 16.

The bill for the relief of debtors, with respect to the imprisonment of their persons, was read a second time and committed.

The house then took up the day to nominate and appoint five delegates to Congress.

The following is a correct list of the votes:

A. Yates, jun.                    34
J. Hathorn                        31
Ph. Pell                             30
D. Gelston                        29
S. Jones                           26
L. Gansevoort                  23
Alex. Hamilton                  22
Egbert Benson                 21
E. L'Hommedieu              21
J. Lawrence                     17
Z. Platt                               1

Mr. Yates, Mr. Jones, Mr. Pell, Mr. Gelston, and Mr. Hathorn, having the greatest number of votes, the house resolved that, on the part of the assembly, they were nominated delegates to represent this State in Congress.

The Senate soon after attending in the assembly-chamber to compare the nominations of both houses, it appeared that they had differed wholly with the assembly, having nominated Mr. Hamilton, Mr. L'Hommedieu, Mr. Lawrence, Mr. Benson, and Mr. Gansevoort.

The two houses then proceeded to ballot for five delegates to Congress -- and the votes being collected, stood as follows:

Abraham Yates, jun.        39
David Gelston                  37
John Hathorn                   37
Philip Pell                         37
Samuel Jones                  36
Ezra L'Hommedieu          33
Alexander Hamilton         32
Egbert Benson                32
Leonard Gansevoort       32
John Lawrence                29
Thomas Tredwell              1

Mr. Yates, Mr. Gelston, Mr. Hathorn, Mr. Pell, and Mr. Jones, were then declared to be the duly elected delegates to represent this State in the United States in Congress assembled, for one year, or until the new constitution shall be put into operation.

The house then adjourned.

Wednesday, December 17.

The house then went into a committee on the bill for putting the new constitution into operation:

Mr. Havens in the chair.

The bill having been read, was then taken up by paragraphs.

When the first paragraph was read, which was in substance, that the Senators should be appointed in the mode prescribed by the constitution of this State for the election of members of Congress.

Mr. Harrison got up, and moved for the following clause to be substituted in lieu thereof:

'After which nomination the Senate and assembly shall meet together and compare the lists of the persons respectively nominated, and if the same person or persons is or are named on both lists, he or they shall be Senator or Senators for the united States; but if the said list shall agree only as to one of the persons therein named, and in all cafes where only one person is to be chosen and the two nominations disagree, then, one half of the persons named in such lists and not included in both, shall be chosen by the joint ballot of the Senators and members of assembly so met together as aforesaid, but if more than one person is to be chosen, and the lists shall not agree as to either of the persons named therein, then the members of the Senate shall at such meeting chuse by ballot one of the persons nominated as aforesaid by the assembly, and the members of the assembly shall in like manner chuse one of the persons nominated as aforesaid by the Senate, and the two persons so chosen shall be Senators for the United States.' 

On this motion a very lengthy debate ensued.

The following, is a list of the votes on the question to agree to the amendments.

For the affirmative.

Mr. B. Livingston
Mr. Gilbert 
Mr. Van Cortlandt
Mr. Seaman
Mr. Barker
Mr. Harrison
Mr. Hoffman
Mr. H. V. Rensellaer
Mr. Younglove
Mr. Watts
Mr. Ph. Livingston
Mr. Borton
Mr. Low
Mr. Bancker
Mr. Vandervoort
Mr. Rockwell
Mr. Verplank
Mr. Cornwell
Mr. Giles
Mr. Dongan.
-----20.

For the negative.

Mr. Jones
Mr. Carman
Mr. G. Livingston
Mr. Kortz
Mr. Yates
Mr. Frey
Mr. Staring
Mr. Speaker
Mr. Van Dyke
Mr. J. V. Rensellaer
Mr. Hardenbergh
Mr. Veeder
Mr. Winn
Mr. Duncan
Mr. Tearce
Mr. Savage
Mr. Webster
Mr. McCracken
Mr. Thomson
Mr. Bay
Mr. Schoonmaker
Mr. Tappen
Mr. Griffin
Mr. Carpenter
Mr. J. Smith
Mr. Dewitt
Mr. Wisher
Mr. Adgate
Mr. Harpur
Mr. Schenk
Mr. Akins.
-----31.

The question on the original paragraph was then put, and carried in the affirmative.  

The committee then rose, and the house adjourned."

Source:  American Intelligence, The Independent Gazeteer; or the Chronicle of Freedom [Philadelphia, PA], Jan. 2, 1789, Vol. VIII, No. 953, p. 1, col. 3 & p. 2, cols. 1-3 (Note:  Paid subscription required to access via this link).

"POUGHKEEPSIE, Dec. 30.
-----
House of Assembly.

Monday, December 15.

THE Honorable the Senate having non concurred the resolution of this House, for electing three Delegates to represent this State in Congress; they offered for concurrence a resolution, in substance, that on Tuesday next, at 12 o'clock, both Houses proceed to nominate five Delegates to represent this State in the Congress of the United States for the present year.  Which was agreed to.

Another resolution was received from the Hon. the Senate; That committees of both Houses be appointed to inquire into and report, what arrangements in the Printing Business of the State, may be proper for the Legislature to adopt.

Mr. Jones moved for leave and bro't in a bill, for the relief of debtors with respect to their persons; which was read the first time, and ordered a second reading.

Adjourned till to-morrow.

Tuesday, December 16.

The bill for the relief of insolvent debtors, &c. was read a second time, and committed to a committee of the whole.  

The order of the day, for the nomination of Delegates to represent this State in Congress, being read, the House proceeded on that business, & the members present severally nominated five persons -- And Abraham Yates, jun., David Gelston, Philip Pell, John Hathorn, and Samuel Jones, Esquires, were nominated.

After which the Hon. the Senate attended in the Assembly chamber -- when on comparing the lists, it appeared that the Senate had nominated Ezra L'Hommedieu, Egbert Benson, Leonard Gansevoort, Alexander Hamilton, and John Lawrence, Esquires.

Whereupon both houses proceeded by joint ballot, to chuse five of the said ten persons, to be Delegates to represent this State in the Congress of the United States for the present year, or until the new Constitution shall be organized; and on counting the votes, it appeared that Abraham Yates, jun., David Gelston, Philip Pell, John Hathorn, and Samuel Jones, Esquires, were elected.  

Adjourned till to morrow.

Wednesday, December 17.

Several petitions were read and com[illegible].

Mr. Havens, from the committee of the whole, on the bill, for carrying into effect, on the part of this State, the Constitution of the United States, reported further progress.

Mr. Jones moved for leave, & brought in a bill, for the further amendment of the law, which was read the first time, and ordered a second reading.

Adjourned till to morrow.

Thursday, December 18.

The bill last mentioned bill, was read a second time, and committed to a committee of the whole.

Mr. Jones, from the committee appointed to draft an address in answer to his Excellency the Governor's speech, reported, that they had prepared a draft, which he read in his place, and delivered in at the table, where it was again read, and committed to a committee of the whole.

Mr. Havens, from the committee of the whole, on the bill, for carrying into effect the new Constitution, reported further progress.

A message was received from the Honorable the Senate, with a bill, for regulating the manner of appointing Electors who are to elect a President and Vice-President of the United States of America, which was read the first time and ordered a second reading.

Adjourned till to morrow.

Friday, December 19.

The bill, for regulating the appointing electors, &c. was read a second time, and committed to a committee of the whole.

Several petitions were read, and committed.

Mr. Havens, from the committee of the whole, on the bill for carrying into effect the new Constitution, reported further progress.

Adjourned till to morrow.

Saturday, December 20.

Mr. Havens, from the committee of the whole, on the last mentioned bill, reported, that on coming to the blank in the bill where the allowance per day to the electors to nominate the President and Vice president was inserted, Mr. Speaker made a motion, that the words 'twenty shillings' should be inserted in the said blank; which was carried in the affirmative, on a division.

That the committee had gone through the bill and made amendments, which he was directed to report to the House; and he read the report in his place, and delivered the bill and amendments in at the table, where the same were again read, agreed to, and ordered to be engrossed.

Adjourned till Monday.

-----

The Honorable Philip Schuyler, and the Honorable Robert Yates, Esquires, are nominated by the Honorable, the Senate, to represent this State in the Senate of the United States."

Source:  POUGHKEEPSIE, Dec. 30 -- House of Assembly, ThoThe Country Journal, and Dutchess and Ulster County Farmer's Register [Poughkeepsie Journal] [Poughkeepsie, NY], Dec. 30, 1788, No. 178, p. 3, cols. 1-2 (Note:  Paid subscription required to access via this link).  


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