28th New York State Legislature
28th New York State Legislature | |||||
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![]() The Old Albany City Hall (undated) | |||||
Overview | |||||
Legislative body | New York State Legislature | ||||
Jurisdiction | New York, United States | ||||
Term | July 1, 1804 – June 30, 1805 | ||||
Senate | |||||
Members | 32 | ||||
President | Lt. Gov. John Broome (Dem.-Rep.) | ||||
Party control | Democratic-Republican (26-4) | ||||
Assembly | |||||
Members | 100 | ||||
Speaker | Alexander Sheldon (Dem.-Rep.) | ||||
Party control | Democratic-Republican | ||||
Sessions | |||||
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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.[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.
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 (both Southern D.) were re-elected. , (both Middle D.) and (Western D.); and Assemblymen (Southern D.), (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, , , , John Haring, , , , , , , , Matthias B. Hildreth, , Joseph Ellicott, , Adam Comstock, 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 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[]
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.
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 |
---|---|---|---|---|
Southern | Ezra L'Hommedieu* | 1 year | Dem.-Rep. | |
* | 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. | ||
* | 4 years | Dem.-Rep. | ||
* | 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 | |
* | 2 years | Dem.-Rep. | ||
* | 2 years | Dem.-Rep./Burrite | ||
* | 3 years | Dem.-Rep. | elected to the Council of Appointment | |
* | 3 years | Dem.-Rep. | ||
4 years | Dem.-Rep. | |||
4 years | Dem.-Rep. | |||
Eastern | * | 1 year | Federalist | |
Abraham Van Vechten* | 1 year | Federalist | also Recorder of the City of Albany | |
* | 1 year | Dem.-Rep. | ||
* | 2 years | Dem.-Rep. | ||
* | 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 | |
* | 4 years | Dem.-Rep. | elected to the Council of Appointment | |
Western | * | 1 year | Federalist | |
* | 1 year | Federalist | ||
* | 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 | |
* | 2 years | Dem.-Rep. | ||
* | 3 years | Dem.-Rep. | ||
4 years | Dem.-Rep. | |||
Jedediah Peck* | 4 years | Dem.-Rep. | elected to the Council of Appointment |
Employees[]
- Clerk:
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)
Assemblymen[]
The asterisk (*) denotes members of the previous Legislature who continued as members of this Legislature.
District | Assemblymen | Party | Notes |
---|---|---|---|
Albany | Federalist | ||
Federalist | |||
Stephen Lush | Federalist | ||
Federalist | |||
Federalist | |||
* | Federalist | ||
Cayuga | Dem.-Rep. | ||
* | Dem.-Rep. | ||
Chenango | |||
Obadiah German* | Dem.-Rep. | Majority Leader[4] | |
Samuel Payne | |||
Clinton | Benjamin Mooers* | Dem.-Rep. | |
Columbia | Federalist | ||
Peter Silvester | Federalist | ||
William W. Van Ness | Federalist | Minority Leader[5] | |
Federalist | |||
Delaware | Federalist | ||
Federalist | |||
Dutchess | Dem.-Rep. | ||
Dem.-Rep. | |||
Dem.-Rep. | |||
Abraham H. Schenck | Dem.-Rep. | ||
Dem.-Rep. | |||
Dem.-Rep. | |||
Dem.-Rep. | |||
Essex | * | Dem.-Rep. | |
Genesee and Ontario |
* | ||
Federalist | |||
Alexander Rea | Dem.-Rep. | ||
Greene | |||
Herkimer | * | Dem.-Rep. | |
* | Dem.-Rep. | ||
* | Dem.-Rep. | ||
Kings | * | Dem.-Rep. | |
Montgomery | Dem.-Rep. | ||
Dem.-Rep. | |||
Dem.-Rep. | |||
Alexander Sheldon* | Dem.-Rep. | elected Speaker | |
* | Dem.-Rep. | ||
New York | Dem.-Rep. | ||
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 | |
Dem.-Rep. | |||
William Few* | Dem.-Rep. | ||
William W. Gilbert | Dem.-Rep. | ||
Henry Rutgers* | Dem.-Rep. | ||
* | |||
Solomon Townsend* | |||
Oneida | George Brayton | Dem.-Rep. | |
Joseph Kirkland* | Federalist | ||
Benjamin Wright | Benjamin Wright and 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 | Dem.-Rep. | ||
Dem.-Rep. | |||
Orange | |||
* | |||
John Hathorn | Dem.-Rep. | ||
John Tuthill | |||
Otsego | Dem.-Rep. | ||
Queens | * | Federalist | |
Federalist | |||
Dem.-Rep. | |||
Rensselaer | Dem.-Rep. | ||
James L. Hogeboom | Dem.-Rep. | from March 19, 1805, also First Judge of the Rensselaer County Court | |
Dem.-Rep. | |||
* | Dem.-Rep. | ||
Dem.-Rep. | |||
Richmond | Federalist | ||
Rockland | |||
Saratoga | |||
Federalist | |||
Dem.-Rep. | |||
Schoharie | * | Dem.-Rep. | |
* | Dem.-Rep. | ||
Seneca | |||
Steuben | Dem.-Rep. | ||
Suffolk | * | Dem.-Rep. | |
Dem.-Rep. | |||
Dem.-Rep. | |||
Tioga | Dem.-Rep. | ||
Ulster | Lucas Elmendorf* | Dem.-Rep. | |
Dem.-Rep. | |||
* | Dem.-Rep. | ||
Selah Tuthill | Dem.-Rep. | ||
Washington | |||
Dem.-Rep. | |||
* | |||
* | Dem.-Rep. | ||
James Starbuck | |||
Westchester | * | Dem.-Rep. | |
* | Dem.-Rep. | ||
Caleb Tompkins | Dem.-Rep. | ||
* | Dem.-Rep. |
Employees[]
- Clerk: Solomon Southwick
- Sergeant-at-Arms: Benjamin Haight
- Doorkeeper: Benjamin Whipple
Notes[]
- ^ 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 Civil List mentions only 18 names, it is unclear who was also elected, since New York had 19 votes in the electoral college.
- ^ see Hammond, pg. 219f
- ^ see Hammond, pg. 218
- ^ see Hammond, pg. 217
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)
- Election result Assembly, Albany Co. at project "A New Nation Votes", compiled by Phil Lampi, hosted by Tufts University Digital Library
- Election result Assembly, Clinton Co. at project "A New Nation Votes"
- Election result Assembly, Delaware Co. at project "A New Nation Votes"
- Election result Assembly, Dutchess Co. at project "A New Nation Votes"
- Election result Assembly, Essex Co. at project "A New Nation Votes"
- Election result Assembly, Herkimer Co. at project "A New Nation Votes"
- Election result Assembly, Kings Co. at project "A New Nation Votes" [gives wrong result]
- Election result Assembly, Montgomery Co. at project "A New Nation Votes"
- Election result Assembly, Onondaga Co. at project "A New Nation Votes"
- Election result Assembly, Orange Co. at project "A New Nation Votes"
- Election result Assembly, Queens Co. at project "A New Nation Votes"
- Election result Assembly, Rensselaer Co. at project "A New Nation Votes" [gives wrong first name "John" instead of "James" L. Hogeboom]
- Election result Assembly, Saratoga Co. at project "A New Nation Votes"
- Election result Assembly, Ulster Co. at project "A New Nation Votes"
- Partial election result Senate, Southern D. at project "A New Nation Votes" [gives only votes from Richmond, Kings and Suffolk counties]
- Partial election result Senate, Middle D. at project "A New Nation Votes" [gives only votes from Delaware, Dutchess, Orange and Ulster counties]
- Partial election result Senate, Eastern D. at project "A New Nation Votes" [omits votes from Washington Co.]
- Partial election result Senate, Western D. at project "A New Nation Votes" [gives only votes from Herkimer Co.]
- 1804 in New York (state)
- 1805 in New York (state)
- New York (state) legislative sessions
- 1804 U.S. legislative sessions