The 63rd New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from January 7 to May 14, 1840, during the second year of William H. Seward's governorship, in Albany.

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. They were divided into four classes, and every year eight Senate seats came up for election. Assemblymen were elected countywide on general tickets to a one-year term, the whole Assembly being renewed annually.

State Senator Noadiah Johnson died on April 4, 1839; and State Senator Edward P. Livingston resigned on October 9, 1839; leaving two vacancies in the Third District.

At this time there were two political parties: the Democratic Party and the Whig Party.

The State election was held from November 4 to 6, 1839.

State Senator John Hunter (2nd D.) was re-elected.

The Legislature met for the regular session at the Old State Capitol in Albany on January 7, 1840; and adjourned on May 14.

George W. Patterson (W) was re-elected Speaker with 68 votes against 56 for Levi S. Chatfield (D).

Upon taking their seats in the Senate, Humphrey, Sanford and Root drew lots to decide which one of the three senators elected in the Third District would serve which term. Sanford drew the one-year term, Humphrey the two-year term, and Root the full term.

On January 14, the Legislature elected Nathaniel P. Tallmadge (W) to the seat in the U.S. Senate which he had vacated on March 4, 1839.

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