Council of Appointment


The Council of Appointment was a body of the Government of New York that existed from 1777 to 1822.

History

Under the New York Constitution of 1777, the Council of Appointment consisted of the Governor of New York, who was ex officio President of this council but had only a casting vote, and four members of the New York State Senate, one each from the State's senatorial electoral districts. These State senators were elected for a one-year term by the New York State Assembly and could not be re-elected for the following term.
The Council had the power to appoint all State, county and municipal officials within the state of New York for which no other means of appointment or election was provided for in the State Constitution. The offices filled by the Council included the State Comptroller, the Secretary of State, the Attorney General, the Surveyor General, the Chancellor, the justices of the New York Supreme Court, sheriffs, district attorneys, judges, surrogates, city and county clerks, mayors, all military officers and many others.
The Council of Appointment had its origins in the fear of too much popular influence in the government. The first New York Constitution was aristocratic and elitist in spirit. As long as the governor alone nominated appointees, he had as much power over the State's patronage as a medieval king. On the other side, during the long tenure of Governor George Clinton, very rarely an office holder was removed, and the Council only filled vacancies as they occurred by resignation, death, declination of re-appointment, or term limit.
Troubles, however, arose after the Federalist Party and the Democratic-Republican Party appeared, and began to alternate as majority in the Assembly. Because of the lack of clarity in the 1777 New York Constitution, the parties struggled over who, exactly, held the power to make nominations and appointments. The constitution stated that the governor would have the "casting voice, but no other vote; and with the advice and consent of the said council..." The custom arose that the governor made the nominations, and the Council approved, or rejected, them. But when the legislature had a majority of the opposition, they would elect three or four senators and outvote the governor. Governor John Jay, who had drafted the Constitution, asserted that the Council could not propose appointees, only vote for or against the governor's nominees. So when the Council voted down all of his nominees, in his opinion, nobody could be appointed. The question was settled at the New York State Constitutional Convention of 1801, which amended the Constitution, giving the right of nomination to the governor and each one of the Council members concurrently. This led to an annual scramble for office, especially if the majority in the Assembly changed.
Alexander Hamilton criticized the Council in his Federalist No. 77.
The council was abolished by the New York State Constitutional Convention of 1821 and ceased to exist at the end of the year 1822, at which time more than 15,000 offices had been under its control. Under the Constitution of 1821, the State cabinet officers and Supreme Court justices were elected by the State Legislature, and most of the county and local officers were elected in local popular or legislative elections. The governor continued to appoint only a very small number of officers and had the right to make recess appointments.

List of members

Southern D.Middle D.Eastern D.Western D.Elected on
John Morin ScottJesse WoodhullAlexander WebsterAbraham Yates, Jr.September 16, 1777
Jonathan LawrenceZephaniah PlattEbenezer RussellDirck Wessel Ten BroeckOctober 17, 1778
Isaac RooseveltLevi PawlingAlexander WebsterRinier MynderseSeptember 11, 1779
Stephen WardEphraim PaineEbenezer RussellAbraham Ten BroeckSeptember 11, 1780
Stephen WardArthur ParksEbenezer RussellAbraham Ten BroeckMarch 23, 1781
Isaac StoutenburghZephaniah PlattAlexander WebsterHenry OothoudtOctober 25, 1781
Jonathan LawrenceJohn HaringElkanah DayWilliam B. WhitingJuly 22, 1782
Ezra L'HommedieuJacobus SwartwoutAlexander WebsterAbraham Yates, Jr.January 21, 1784
Isaac RooseveltJoseph GasherieEbenezer RussellWilliam B. WhitingOctober 19, 1784
Lewis MorrisJacobus SwartwoutDavid HopkinsPhilip SchuylerJanuary 19, 1786
William FloydJohn HathornEbenezer RussellPeter SchuylerJanuary 18, 1787
John VanderbiltAnthony HoffmanDavid HopkinsPhilip SchuylerJanuary 18, 1788
Samuel TownsendJohn HathornJohn WilliamsPeter Van NessJanuary 2, 1789
Philip LivingstonJohn CantineEdward SavagePhilip SchuylerJanuary 15, 1790
Isaac RooseveltThomas TillotsonAlexander WebsterPeter SchuylerJanuary 14, 1791
Philip Van CortlandtDavid PyeWilliam PowersStephen Van RensselaerJanuary 14, 1792
David GelstonJoseph HasbrouckRobert WoodworthJohn FreyJanuary 14, 1793
Selah StrongReuben HopkinsZina HitchcockPhilip SchuylerJanuary 7, 1794
Richard HatfieldJoseph HasbrouckWilliam PowersJacobus Van SchoonhovenJanuary 6, 1795
Joshua SandsAbraham SchenckEbenezer RussellMichael MyersJanuary 7, 1796
Andrew OnderdonkAmbrose SpencerLeonard GansevoortThomas MorrisJanuary 9, 1797
Ezra L'HommedieuWilliam ThompsonMoses VailJoseph WhiteJanuary 8, 1798
William DenningEbenezer FooteEbenezer ClarkJohn FreyJanuary 4, 1799
Samuel HaightRobert SandsJames GordonThomas R. GoldJanuary 28, 1800
DeWitt ClintonAmbrose SpencerJohn SandersRobert RoseboomNovember 7, 1800
Benjamin HunttingJames W. WilkinEdward SavageLemuel ChipmanJanuary 30, 1802
Ebenezer PurdyJohn C. HogeboomJacobus Van SchoonhovenJacob SnellFebruary 8, 1803
John BroomeAbraham AdrianceThomas TredwellCaleb HydeFebruary 7, 1804
John SchenckJoshua H. BrettStephen ThornJedediah PeckJanuary 29, 1805
DeWitt ClintonRobert JohnsonAdam ComstockHenry HuntingtonJanuary 31, 1806
Thomas ThomasJames BurtEdward SavageJohn NicholasJanuary 29, 1807
Benjamin CoePeter C. AdamsJohn VeederNathan SmithJanuary 29, 1808
Jonathan WardJames G. GrahamIsaac KelloggAlexander ReaJanuary 27, 1809
Israel CarllRobert WilliamsDaniel ParisAmos HallJanuary 31, 1810
Benjamin CoeJames W. WilkinJohn McLeanPhiletus SwiftJanuary 30, 1811
William W. GilbertJohannes BruynHenry Yates, Jr.Francis A. BloodgoodFebruary 1, 1812
Peter W. RadcliffJames W. WilkinJohn StearnsJonas PlattJanuary 12, 1813
Elbert H. JonesMorgan LewisSamuel StewartHenry A. TownsendJanuary 25, 1814
Jonathan DaytonLucas ElmendorfRuggles HubbardFarrand StranahanFebruary 1, 1815
Darius CrosbyWilliam RossPerley KeyesArchibald S. ClarkeFebruary 5, 1816
Walter BowneJohn NoyesJohn I. PrendergastHenry BloomFebruary 2, 1817
Peter R. LivingstonJabez D. HammondHenry Yates, Jr.Henry SeymourJanuary 31, 1818
Stephen BarnumWilliam RossGeorge RosecrantzStephen BatesFebruary 3, 1819
John D. DitmisJohn LounsberyLevi AdamsEphraim HartJanuary 11, 1820
Walter BowneJohn T. MoreRoger SkinnerDavid E. EvansNovember 8, 1820
John TownsendCharles E. DudleyBenjamin MooersPerry G. ChildsJanuary 10, 1822