28th New York State Legislature


The 28th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from November 6, 1804, to April 10, 1805, during the first year of Morgan Lewis's governorship, in Albany.

Background

Under the provisions of the New York Constitution of 1777, amended by the Constitutional Convention of 1801, 32 Senators were elected on general tickets in the four 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.
In 1797, Albany was declared the State capital, and all subsequent Legislatures have been meeting there ever since. In 1799, the Legislature enacted that future Legislatures meet on the last Tuesday of January of each year unless called earlier by the governor.
In 1804, Seneca County was split from Cayuga County, and was apportioned one seat in the Assembly, taken from Cayuga.
U.S. Senator John Armstrong resigned on June 30, 1804, after his appointment as U.S. Minister to France.
At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans. The Democratic-Republican Party was split into two opposing factions: the "Regulars" who supported Morgan Lewis, and the "Burrites" who supported Vice President Aaron Burr. Lewis, the Chief Justice of the New York Supreme Court, had been nominated for Governor by his party, but Burr, after being dropped from the presidential ticket in favor of Gov. George Clinton, ran against Lewis. Burr also received the support of the majority of the Federalists although his enemy Alexander Hamilton, the leader of the Federalists, advocated against it and supported Lewis.

Elections

The State election was held from April 24 to 26, 1804. Morgan Lewis was elected Governor of New York, and State Senator John Broome was elected Lieutenant Governor of New York.
Senators William Denning and Ebenezer Purdy were re-elected. Samuel Brewster, Stephen Hogeboom and Henry Huntington ; and Assemblymen Thomas Thomas, Stephen Thorn and Jedediah Peck were also elected to Senate. All eight were "regular" Democratic-Republicans.

Sessions

The Legislature met at the Old City Hall in Albany on November 6, 1804, to elect presidential electors; and adjourned on November 12.
Dem.-Rep. Alexander Sheldon was re-elected Speaker.
On November 9, 1804, the Legislature elected 19 presidential electors, all Democratic-Republicans: William Floyd, Sylvester Dering, James Fairlie, Cornelius Bergen, John Haring, Ezra Thompson, Major John Wood, Conrad E. Elmendorf, Stephen Miller, Albert Pawling, Isaac Sargent, Thomas Brooks, Matthias B. Hildreth, Jonas Earll, Sr., Joseph Ellicott, Henry Quackenbos, Adam Comstock, Abraham Bancker and ???. They cast their votes for Thomas Jefferson and George Clinton.
On November 9, 1804, the Legislature elected Samuel L. Mitchill to succeed John Armstrong in the U.S. Senate.
The Legislature met for the regular session on January 23, 1805; and adjourned on April 10.
During this session the Merchant's Bank of New York was chartered. The bank had been founded by Federalists in competition to the Bank of the Manhattan Company which was run by Democratic-Republicans. The Democratic-Republican majority of the Assembly of 1804 had not only refused to grant a charter, but actually ordered the Merchant's Bank to shut down by May 1805. During this session, the bank bribed enough legislators to have the charter approved, although the Democratic-Republican leaders advocated strongly against it. Gov. Morgan Lewis, who had been Chief Justice and who was wealthy beyond corruptibility, spoke out in favor of granting the charter. This was resented by the party leaders DeWitt Clinton and Ambrose Spencer, and eventually led to a split of the party into "Lewisites" and "Clintonians".

State Senate

Districts

Note: There are now 62 counties in the State of New York. The counties which are not mentioned in this list had not yet been established, or sufficiently organized, the area being included in one or more of the abovementioned counties.

Members

The asterisk denotes members of the previous Legislature who continued in office as members of this Legislature. Thomas Thomas, Stephen Thorn and Jedediah peck changed from the Assembly to the Senate.
DistrictSenatorsTerm leftPartyNotes
SouthernEzra L'Hommedieu*1 yearDem.-Rep.
SouthernJohn Schenck*2 yearsDem.-Rep.elected to the Council of Appointment
Southernvacant3 yearsJohn Broome was elected Lieutenant Governor of New York
SouthernWilliam Denning*4 yearsDem.-Rep.
SouthernEbenezer Purdy*4 yearsDem.-Rep.
SouthernThomas Thomas*4 yearsDem.-Rep.
MiddleJacobus S. Bruyn*1 yearDem.-Rep.
Middle1 yearDem.-Rep.died on August 30, 1804, before the Legislature met
MiddleAbraham Adriance*2 yearsDem.-Rep.
MiddleJames Burt*2 yearsDem.-Rep./Burrite
MiddleJoshua H. Brett*3 yearsDem.-Rep.elected to the Council of Appointment
MiddleRobert Johnston*3 yearsDem.-Rep.
MiddleSamuel Brewster4 yearsDem.-Rep.
MiddleStephen Hogeboom4 yearsDem.-Rep.
EasternJacobus Van Schoonhoven*1 yearFederalist
EasternAbraham Van Vechten*1 yearFederalistalso Recorder of the City of Albany
EasternSimon Veeder*1 yearDem.-Rep.
EasternJacob Snell*2 yearsDem.-Rep.
EasternEdward Savage*3 yearsDem.-Rep.
EasternJohn Tayler*3 yearsDem.-Rep.
EasternThomas Tredwell*3 yearsDem.-Rep.
EasternJohn Woodworth*3 yearsDem.-Rep.also New York Attorney General
EasternStephen Thorn*4 yearsDem.-Rep.elected to the Council of Appointment
WesternLemuel Chipman*1 yearFederalist
WesternIsaac Foote*1 yearFederalist
WesternJoseph Annin*2 yearsDem.-Rep./Burrite
WesternAsa Danforth*2 yearsDem.-Rep.
WesternMatthias B. Tallmadge*2 yearsDem.-Rep.vacated his seat on June 12, 1805, upon appointment to the
United States District Court for the District of New York
WesternGeorge Tiffany*2 yearsDem.-Rep.
WesternCaleb Hyde*3 yearsDem.-Rep.
WesternHenry Huntington4 yearsDem.-Rep.
WesternJedediah Peck*4 yearsDem.-Rep.elected to the Council of Appointment

Employees

Districts

Note: There are now 62 counties in the State of New York. The counties which are not mentioned in this list had not yet been established, or sufficiently organized, the area being included in one or more of the abovementioned counties.

Assemblymen

The asterisk denotes members of the previous Legislature who continued as members of this Legislature.
DistrictAssemblymenPartyNotes
AlbanyDavid BurhansFederalist
AlbanyAdam Dietz Jr.Federalist
AlbanyStephen LushFederalist
AlbanyNicholas V. MynderseFederalist
AlbanyJoseph ShurtleffFederalist
AlbanyMoses Smith*Federalist
CayugaJohn Grover Jr.Dem.-Rep.
CayugaAmos Rathbun*Dem.-Rep.
ChenangoPeter Betts
ChenangoObadiah German*Dem.-Rep.Majority Leader
ChenangoSamuel Payne
ChenangoLuther Waterman
ClintonBenjamin Mooers*Dem.-Rep.
ColumbiaMoncrief LivingstonFederalist
ColumbiaPeter SilvesterFederalist
ColumbiaWilliam W. Van NessFederalistMinority Leader
ColumbiaJason WarnerFederalist
DelawareAdam I. DollFederalist
DelawareAnthony MarvineFederalist
DutchessJob CrawfordDem.-Rep.
DutchessIsaac HuntingDem.-Rep.
DutchessJohn PattersonDem.-Rep.
DutchessAbraham H. SchenckDem.-Rep.
DutchessIsaac SherwoodDem.-Rep.
DutchessJohn Van BenthuysenDem.-Rep.
DutchessJohn M. ThurstonDem.-Rep.
EssexTheodorus Ross*Dem.-Rep.
Genesee
and Ontario		Amos Hall*
Genesee
and Ontario		Daniel W. LewisFederalist
Genesee
and Ontario		Alexander ReaDem.-Rep.
GreenePatrick Hamilton
GreeneDaniel Sayre
HerkimerEvans Wharry*Dem.-Rep.
HerkimerGeorge Widrig*Dem.-Rep.
HerkimerSamuel Wright*Dem.-Rep.
KingsJohn Hicks*Dem.-Rep.
MontgomeryJonathan HallettDem.-Rep.
MontgomeryJames McIntyreDem.-Rep.
MontgomeryJohn SeeberDem.-Rep.
MontgomeryAlexander Sheldon*Dem.-Rep.elected Speaker
MontgomeryDavid J. Zeilly*Dem.-Rep.
New YorkPhilip I. ArculariusDem.-Rep.
New YorkJohn BinghamDem.-Rep.
New YorkGeorge Clinton, Jr.*Dem.-Rep.elected in a special election to the 8th United States Congress, and
took his seat on February 14, 1805, vacating his seat in the Assembly
New YorkThomas FarmarDem.-Rep.
New YorkWilliam Few*Dem.-Rep.
New YorkWilliam W. GilbertDem.-Rep.
New YorkHenry Rutgers*Dem.-Rep.
New YorkPeter A. Schenck*
New YorkSolomon Townsend*
OneidaGeorge BraytonDem.-Rep.
OneidaJoseph Jennings
OneidaJoseph Kirkland*Federalist
OneidaBenjamin WrightBenjamin Wright and Walter Martin received an equal number
of votes, which meant "no choice", but Wright was seated by
a resolution of the Assembly on November 7, 1804
OnondagaJohn BallardDem.-Rep.
OnondagaWilliam I. VredenberghDem.-Rep.
OrangeJohn Barber
OrangeJoshua Brown*
OrangeJohn HathornDem.-Rep.
OrangeJohn Tuthill
OtsegoGurdon HuntingtonDem.-Rep.
OtsegoWilliam Lathrop
OtsegoLuke Metcalfe
OtsegoHumphrey Palmer
QueensStephen Carman*Federalist
QueensBenjamin CoeFederalist
QueensHenry O. SeamanDem.-Rep.
RensselaerJonathan BurrDem.-Rep.
RensselaerJames L. HogeboomDem.-Rep.from March 19, 1805, also First Judge of the Rensselaer County Court
RensselaerNehemiah KingDem.-Rep.
RensselaerAsa Mann*Dem.-Rep.
RensselaerJohn RyanDem.-Rep.
RichmondJohn DunnFederalist
RocklandJohn Cole
SaratogaWilliam Carpenter
SaratogaSamuel Clark
SaratogaAsahel PorterFederalist
SaratogaDavid RogersDem.-Rep.
SchoharieHenry Becker*Dem.-Rep.
SchoharieFreegift Patchin*Dem.-Rep.
SenecaJohn Sayre
SteubenJohn WilsonDem.-Rep.
SuffolkIsrael Carll*Dem.-Rep.
SuffolkJonathan DaytonDem.-Rep.
SuffolkJared LandonDem.-Rep.
TiogaJohn MillerDem.-Rep.
UlsterLucas Elmendorf*Dem.-Rep.
UlsterHenry ReynoldsDem.-Rep.
UlsterJames Ross*Dem.-Rep.
UlsterSelah TuthillDem.-Rep.
WashingtonIsaac Harlow
WashingtonJason KelloggDem.-Rep.
WashingtonWilliam Livingston*
WashingtonJohn McLean*Dem.-Rep.
WashingtonSolomon Smith
WashingtonJames Starbuck
WestchesterAbijah Gilbert*Dem.-Rep.
WestchesterAbraham Odell*Dem.-Rep.
WestchesterCaleb TompkinsDem.-Rep.
WestchesterJoseph Travis*Dem.-Rep.

Employees