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 Anti-Federalists called themselves "Republicans." However, at the same time, the Federalists called them "Democrats" which was meant to be pejorative. After some time both terms got more and more confused, and sometimes used together as "Democratic Republicans" which later historians have adopted (with a hyphen) to describe the party from the beginning, to avoid confusion with both the later established and still existing Democratic and Republican parties. 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 (both Southern D.) were re-elected. Samuel Brewster, Stephen Hogeboom (both Middle D.) and Henry Huntington (Western D.); and Assemblymen Thomas Thomas (Southern D.), Stephen Thorn (Eastern D.) and Jedediah Peck (Western D.) 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 ???.The Civil List mentions only 18 names, it is unclear who was also elected, since New York had 19 votes in the electoral college. They cast their votes for Thomas Jefferson and George Clinton.
On November 9, 1804, the Legislature elected Samuel L. Mitchill (Dem.-Rep.) 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".see Hammond, pg. 219f
State Senate Districts The Southern District (6 seats) consisted of Kings, New York, Queens, Richmond, Suffolk and Westchester counties. The Middle District (8 seats) consisted of Dutchess, Orange, Ulster, Columbia, Delaware, Rockland and Greene counties. The Eastern District (9 seats) consisted of Washington, Clinton, Rensselaer, Albany, Saratoga, Essex and Montgomery counties. The Western District (9 seats) consisted of Herkimer, Ontario, Otsego, Tioga, Onondaga, Schoharie, Steuben, Chenango, Oneida, Cayuga, Genesee and Seneca counties.
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.
District Senators Term left Party Notes SouthernEzra L'Hommedieu*1 year Dem.-Rep.John Schenck*2 years Dem.-Rep.elected to the Council of Appointmentvacant3 yearsJohn Broome was elected Lieutenant Governor of New YorkWilliam Denning*4 years Dem.-Rep.Ebenezer Purdy*4 years Dem.-Rep.Thomas Thomas*4 years Dem.-Rep. MiddleJacobus S. Bruyn*1 year Dem.-Rep.(Peter A. Van Bergen*)1 year Dem.-Rep.died on August 30, 1804, before the Legislature metAbraham Adriance*2 years Dem.-Rep.James Burt*2 years Dem.-Rep./BurriteJoshua H. Brett*3 years Dem.-Rep.elected to the Council of AppointmentRobert Johnston*3 years Dem.-Rep.Samuel Brewster4 years Dem.-Rep.Stephen Hogeboom4 years Dem.-Rep. Eastern Jacobus Van Schoonhoven*1 year FederalistAbraham Van Vechten*1 year Federalistalso Recorder of the City of AlbanySimon Veeder*1 year Dem.-Rep.Jacob Snell*2 years Dem.-Rep.Edward Savage*3 years Dem.-Rep.John Tayler*3 years Dem.-Rep.Thomas Tredwell*3 years Dem.-Rep.John Woodworth*3 years Dem.-Rep.also New York Attorney GeneralStephen Thorn*4 years Dem.-Rep.elected to the Council of Appointment WesternLemuel Chipman*1 year FederalistIsaac Foote*1 year FederalistJoseph Annin*2 years Dem.-Rep./BurriteAsa Danforth*2 years Dem.-Rep.Matthias B. Tallmadge*2 years Dem.-Rep.vacated his seat on June 12, 1805, upon appointment to the United States District Court for the District of New YorkGeorge Tiffany*2 years Dem.-Rep.Caleb Hyde*3 years Dem.-Rep.Henry Huntington4 years Dem.-Rep.Jedediah Peck*4 years Dem.-Rep.elected to the Council of Appointment
Employees Clerk: Henry I. Bleecker
State Assembly Districts
Albany County (6 seats) Cayuga County (2 seats) Chenango County (4 seats) Clinton County (1 seat) Columbia County (4 seats) Delaware County (2 seats) Dutchess County (7 seats) Essex County (1 seat) Genesee and Ontario counties (3 seats) Greene County (2 seats) Herkimer County (3 seats) Kings County (1 seat) Montgomery County (5 seats) The City and County of New York (9 seats) Oneida County (4 seats) Onondaga County (2 seats) Orange County (4 seats) Otsego County (4 seats) Queens County (3 seats) Rensselaer County (5 seats) Richmond County (1 seat) Rockland County (1 seat) Saratoga County (4 seats) Schoharie County (2 seats) Seneca County (1 seat) Steuben County (1 seat) Suffolk County (3 seats) Tioga County (1 seat) Ulster County (4 seats) Washington County (6 seats) Westchester County (4 seats)
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.
District Assemblymen Party Notes AlbanyDavid Burhans FederalistAdam Dietz Jr. FederalistStephen Lush FederalistNicholas V. Mynderse FederalistJoseph Shurtleff FederalistMoses Smith* Federalist CayugaJohn Grover Jr. Dem.-Rep.Amos Rathbun* Dem.-Rep. ChenangoPeter BettsObadiah German* Dem.-Rep.Majority Leadersee Hammond, pg. 218Samuel PayneLuther WatermanClinton Benjamin Mooers* Dem.-Rep. ColumbiaMoncrief Livingston FederalistPeter Silvester FederalistWilliam W. Van Ness FederalistMinority Leadersee Hammond, pg. 217Jason Warner Federalist DelawareAdam I. Doll FederalistAnthony Marvine Federalist DutchessJob Crawford Dem.-Rep.Isaac Hunting Dem.-Rep.John Patterson Dem.-Rep.Abraham H. Schenck Dem.-Rep.Isaac Sherwood Dem.-Rep.John Van Benthuysen Dem.-Rep.John M. Thurston Dem.-Rep.EssexTheodorus Ross* Dem.-Rep. Genesee and OntarioAmos Hall*Daniel W. Lewis FederalistAlexander Rea Dem.-Rep. GreenePatrick HamiltonDaniel Sayre HerkimerEvans Wharry* Dem.-Rep.George Widrig* Dem.-Rep.Samuel Wright* Dem.-Rep.KingsJohn Hicks* Dem.-Rep. Montgomery Jonathan Hallett Dem.-Rep.James McIntyre Dem.-Rep.John Seeber Dem.-Rep.Alexander Sheldon* Dem.-Rep.elected SpeakerDavid J. Zeilly* Dem.-Rep. New YorkPhilip I. Arcularius Dem.-Rep.John Bingham Dem.-Rep.George 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 AssemblyThomas Farmar Dem.-Rep.William Few* Dem.-Rep.William W. Gilbert Dem.-Rep.Henry Rutgers* Dem.-Rep.Peter A. Schenck*Solomon Townsend* OneidaGeorge Brayton Dem.-Rep.Joseph JenningsJoseph Kirkland* FederalistBenjamin 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 Onondaga John Ballard Dem.-Rep.William I. Vredenbergh Dem.-Rep. Orange John BarberJoshua Brown*John Hathorn Dem.-Rep.John Tuthill OtsegoGurdon Huntington Dem.-Rep.William LathropLuke MetcalfeHumphrey Palmer QueensStephen Carman* FederalistBenjamin Coe FederalistHenry O. Seaman Dem.-Rep. RensselaerJonathan Burr Dem.-Rep.James L. Hogeboom Dem.-Rep.from March 19, 1805, also First Judge of the Rensselaer County CourtNehemiah King Dem.-Rep.Asa Mann* Dem.-Rep.John Ryan Dem.-Rep.RichmondJohn Dunn FederalistRocklandJohn Cole SaratogaWilliam CarpenterSamuel ClarkAsahel Porter FederalistDavid Rogers Dem.-Rep. SchoharieHenry Becker* Dem.-Rep.Freegift Patchin* Dem.-Rep.SenecaJohn SayreSteubenJohn Wilson Dem.-Rep. SuffolkIsrael Carll* Dem.-Rep.Jonathan Dayton Dem.-Rep.Jared Landon Dem.-Rep.TiogaJohn Miller Dem.-Rep. UlsterLucas Elmendorf* Dem.-Rep.Henry Reynolds Dem.-Rep.James Ross* Dem.-Rep.Selah Tuthill Dem.-Rep. WashingtonIsaac HarlowJason Kellogg Dem.-Rep.William Livingston*John McLean* Dem.-Rep.Solomon SmithJames Starbuck WestchesterAbijah Gilbert* Dem.-Rep.Abraham Odell* Dem.-Rep.Caleb Tompkins Dem.-Rep.Joseph Travis* Dem.-Rep.
Employees Clerk: Solomon Southwick Sergeant-at-Arms: Benjamin Haight Doorkeeper: Benjamin Whipple
Notes
Sources The New York Civil List compiled by Franklin Benjamin Hough (Weed, Parsons and Co., 1858) [see pg. 108f for Senate districts; pg. 119 for senators; pg. 148f for Assembly districts; pg. 178 for assemblymen; pg. 320 and 324 for presidential election] The History of Political Parties in the State of New-York, from the Ratification of the Federal Constitution to 1840 by Jabez D. Hammond (4th ed., Vol. 1, H. & E. Phinney, Cooperstown, 1846; pages 202-221)