The 38th New York State Legislature, consisting of the New York State Senate and the New York State Assembly, met from September 26, 1814, to April 18, 1815, during the eighth year of Daniel D. Tompkins'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.

State Senator John Tayler had been elected Lieutenant Governor of New York in 1813, leaving a vacancy in the Eastern District.

At this time the politicians were divided into two opposing political parties: the Federalists and the Democratic-Republicans.

The State election was held from April 26 to 28, 1814. Senator Philetus Swift (Western D.) was re-elected. Darius Crosby (Southern D.), Moses I. Cantine (Middle D.), George Tibbits (Eastern D.), Bennett Bicknell, Chauncey Loomis, John I. Prendergast (all three Western D.); and Assemblyman William Ross (Middle D.) were also elected to full terms in the Senate. Guert Van Schoonhoven (Eastern D.) was elected to fill the vacancy. Tibbits was a Federalist, the other eight were Democratic-Republicans.

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