28th New York State Legislature

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28th New York State Legislature
27th 29th
Old Albany City Hall.png
The Old Albany City Hall (undated)
JurisdictionNew York, United States
TermJuly 1, 1804 – June 30, 1805
PresidentLt. Gov. John Broome (Dem.-Rep.)
Party controlDemocratic-Republican (26-4)
SpeakerAlexander Sheldon (Dem.-Rep.)
Party controlDemocratic-Republican
1stNovember 6 – 12, 1804
2ndJanuary 23 – April 10, 1805

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.


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.[1] 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.


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.


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 ???.[2] 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".[3]

State Senate[edit]


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.


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
Southern Ezra L'Hommedieu* 1 year Dem.-Rep.
John Schenck* 2 years Dem.-Rep. elected to the Council of Appointment
vacant 3 years John Broome was elected Lieutenant Governor of New York
William Denning* 4 years Dem.-Rep.
Ebenezer Purdy* 4 years Dem.-Rep.
Thomas Thomas* 4 years Dem.-Rep.
Middle Jacobus S. Bruyn* 1 year Dem.-Rep.
(Peter A. Van Bergen*) 1 year Dem.-Rep. died on August 30, 1804, before the Legislature met
Abraham Adriance* 2 years Dem.-Rep.
James Burt* 2 years Dem.-Rep./Burrite
Joshua H. Brett* 3 years Dem.-Rep. elected to the Council of Appointment
Robert Johnston* 3 years Dem.-Rep.
Samuel Brewster 4 years Dem.-Rep.
Stephen Hogeboom 4 years Dem.-Rep.
Eastern Jacobus Van Schoonhoven* 1 year Federalist
Abraham Van Vechten* 1 year Federalist also Recorder of the City of Albany
Simon 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 General
Stephen Thorn* 4 years Dem.-Rep. elected to the Council of Appointment
Western Lemuel Chipman* 1 year Federalist
Isaac Foote* 1 year Federalist
Joseph Annin* 2 years Dem.-Rep./Burrite
Asa 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 York
George Tiffany* 2 years Dem.-Rep.
Caleb Hyde* 3 years Dem.-Rep.
Henry Huntington 4 years Dem.-Rep.
Jedediah Peck* 4 years Dem.-Rep. elected to the Council of Appointment


State Assembly[edit]


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.


The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.

District Assemblymen Party Notes
Albany David Burhans Federalist
Adam Dietz Jr. Federalist
Stephen Lush Federalist
Nicholas V. Mynderse Federalist
Joseph Shurtleff Federalist
Moses Smith* Federalist
Cayuga John Grover Jr. Dem.-Rep.
Amos Rathbun* Dem.-Rep.
Chenango Peter Betts
Obadiah German* Dem.-Rep. Majority Leader[4]
Samuel Payne
Luther Waterman
Clinton Benjamin Mooers* Dem.-Rep.
Columbia Moncrief Livingston Federalist
Peter Silvester Federalist
William W. Van Ness Federalist Minority Leader[5]
Jason Warner Federalist
Delaware Adam I. Doll Federalist
Anthony Marvine Federalist
Dutchess Job 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.
Essex Theodorus Ross* Dem.-Rep.
and Ontario
Amos Hall*
Daniel W. Lewis Federalist
Alexander Rea Dem.-Rep.
Greene Patrick Hamilton
Daniel Sayre
Herkimer Evans Wharry* Dem.-Rep.
George Widrig* Dem.-Rep.
Samuel Wright* Dem.-Rep.
Kings John Hicks* Dem.-Rep.
Montgomery Jonathan Hallett Dem.-Rep.
James McIntyre Dem.-Rep.
John Seeber Dem.-Rep.
Alexander Sheldon* Dem.-Rep. elected Speaker
David J. Zeilly* Dem.-Rep.
New York Philip 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 Assembly
Thomas Farmar Dem.-Rep.
William Few* Dem.-Rep.
William W. Gilbert Dem.-Rep.
Henry Rutgers* Dem.-Rep.
Peter A. Schenck*
Solomon Townsend*
Oneida George Brayton Dem.-Rep.
Joseph Jennings
Joseph Kirkland* Federalist
Benjamin Wright Benjamin 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 Barber
Joshua Brown*
John Hathorn Dem.-Rep.
John Tuthill
Otsego Gurdon Huntington Dem.-Rep.
William Lathrop
Luke Metcalfe
Humphrey Palmer
Queens Stephen Carman* Federalist
Benjamin Coe Federalist
Henry O. Seaman Dem.-Rep.
Rensselaer Jonathan Burr Dem.-Rep.
James L. Hogeboom Dem.-Rep. from March 19, 1805, also First Judge of the Rensselaer County Court
Nehemiah King Dem.-Rep.
Asa Mann* Dem.-Rep.
John Ryan Dem.-Rep.
Richmond John Dunn Federalist
Rockland John Cole
Saratoga William Carpenter
Samuel Clark
Asahel Porter Federalist
David Rogers Dem.-Rep.
Schoharie Henry Becker* Dem.-Rep.
Freegift Patchin* Dem.-Rep.
Seneca John Sayre
Steuben John Wilson Dem.-Rep.
Suffolk Israel Carll* Dem.-Rep.
Jonathan Dayton Dem.-Rep.
Jared Landon Dem.-Rep.
Tioga John Miller Dem.-Rep.
Ulster Lucas Elmendorf* Dem.-Rep.
Henry Reynolds Dem.-Rep.
James Ross* Dem.-Rep.
Selah Tuthill Dem.-Rep.
Washington Isaac Harlow
Jason Kellogg Dem.-Rep.
William Livingston*
John McLean* Dem.-Rep.
Solomon Smith
James Starbuck
Westchester Abijah Gilbert* Dem.-Rep.
Abraham Odell* Dem.-Rep.
Caleb Tompkins Dem.-Rep.
Joseph Travis* Dem.-Rep.


  • Clerk: Solomon Southwick
  • Sergeant-at-Arms: Benjamin Haight
  • Doorkeeper: Benjamin Whipple


  1. ^ 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.
  2. ^ The Civil List mentions only 18 names, it is unclear who was also elected, since New York had 19 votes in the electoral college.
  3. ^ see Hammond, pg. 219f
  4. ^ see Hammond, pg. 218
  5. ^ see Hammond, pg. 217