Council of Appointment, New York State

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The Council of Appointment (sometimes also Council of Appointments) 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 (including the Mayor of New York City), 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 Scott Jesse Woodhull Alexander Webster Abraham Yates, Jr. September 16, 1777
Jonathan Lawrence Zephaniah Platt Ebenezer Russell Dirck Wessel Ten Broeck October 17, 1778
Isaac Roosevelt Levi Pawling Alexander Webster Rinier Mynderse September 11, 1779
Stephen Ward Ephraim Paine<ref>Paine was expelled from the State Senate in March 1781</ref> Ebenezer Russell Abraham Ten Broeck September 11, 1780
Arthur Parks<ref>Parks was elected in place of Paine. When he took his seat on March 29, all members of the Council, including Parks, protested against his "by-election" for which there seems to have been no legal basis. Nevertheless, the amended Council, with Parks, made the appointments for the remainder of the term.</ref> March 23, 1781
Isaac Stoutenburgh Zephaniah Platt Alexander Webster Henry Oothoudt October 25, 1781
Jonathan Lawrence John Haring Elkanah Day William B. Whiting July 22, 1782
Ezra L'Hommedieu Jacobus Swartwout Alexander Webster Abraham Yates, Jr. January 21, 1784
Isaac Roosevelt Joseph Gasherie Ebenezer Russell William B. Whiting October 19, 1784
Lewis Morris Jacobus Swartwout David Hopkins Philip Schuyler January 19, 1786
William Floyd John Hathorn Ebenezer Russell Peter Schuyler January 18, 1787
Template:Party shading/Federalist | John Vanderbilt Template:Party shading/Federalist | Anthony Hoffman Template:Party shading/Democratic-Republican | David Hopkins Template:Party shading/Federalist | Philip Schuyler January 18, 1788
Template:Party shading/Democratic-Republican | Samuel Townsend Template:Party shading/Democratic-Republican | John Hathorn Template:Party shading/Democratic-Republican | John Williams Template:Party shading/Democratic-Republican | Peter Van Ness January 2, 1789
Template:Party shading/Federalist | Philip Livingston Template:Party shading/Democratic-Republican | John Cantine Template:Party shading/Democratic-Republican | Edward Savage<ref>Edward Savage, father of John Savage</ref> Template:Party shading/Federalist | Philip Schuyler<ref>Schuyler was at this time a U.S. Senator from New York, and lost his seat in the State Senate on January 27 when the State Legislature declared the incompatibility of holding both seats concurrently. Nevertheless, Schuyler retained his seat in the Council of Appointment, claiming that it was not required to hold the seat in the State Senate once elected to the Council. Any mention of the Paine/Parks precedent of 1781 was carefully avoided, but Schuyler was quite right, considering that every time a state senator was elected to the Council during the last year of his term, and was not re-elected, the senatorial term expired on June 30, but the ex-senator continued a member of the Council until January next. See also United States Senate election in New York, 1789#Election and aftermath</ref> January 15, 1790
Template:Party shading/Federalist | Isaac Roosevelt Template:Party shading/Federalist | Thomas Tillotson Template:Party shading/Democratic-Republican | Alexander Webster Template:Party shading/Federalist | Peter Schuyler January 14, 1791
Template:Party shading/Federalist | Philip Van Cortlandt Template:Party shading/Federalist | David Pye Template:Party shading/Federalist | William Powers Template:Party shading/Federalist | Stephen Van Rensselaer January 14, 1792
Template:Party shading/Democratic-Republican | David Gelston Template:Party shading/Democratic-Republican | Joseph Hasbrouck Template:Party shading/Democratic-Republican | Robert Woodworth Template:Party shading/Federalist | John Frey January 14, 1793
Template:Party shading/Federalist | Selah Strong Template:Party shading/Democratic-Republican | Reuben Hopkins Template:Party shading/Federalist | Zina Hitchcock Template:Party shading/Federalist | Philip Schuyler January 7, 1794
Template:Party shading/Federalist | Richard Hatfield Template:Party shading/Democratic-Republican | Joseph Hasbrouck Template:Party shading/Federalist | William Powers Template:Party shading/Federalist | Jacobus Van Schoonhoven<ref>Jacobus Van Schoonhoven (1744–1814), merchant, of Half Moon, state senator 1794–1805</ref> January 6, 1795
Template:Party shading/Federalist | Joshua Sands Template:Party shading/Democratic-Republican | Abraham Schenck Template:Party shading/Federalist | Ebenezer Russell Template:Party shading/Federalist | Michael Myers January 7, 1796
Template:Party shading/Federalist | Andrew Onderdonk Template:Party shading/Federalist | Ambrose Spencer Template:Party shading/Federalist | Leonard Gansevoort Template:Party shading/Federalist | Thomas Morris January 9, 1797
Template:Party shading/Federalist | Ezra L'Hommedieu Template:Party shading/Federalist | William Thompson Template:Party shading/Federalist | Moses Vail Template:Party shading/Federalist | Joseph White January 8, 1798
Template:Party shading/Democratic-Republican | William Denning Template:Party shading/Federalist | Ebenezer Foote<ref>Ebenezer Foote, County Clerk of Delaware Co. 1797–1801</ref> Template:Party shading/Federalist | Ebenezer Clark Template:Party shading/Federalist | John Frey January 4, 1799
Template:Party shading/Federalist | Samuel Haight Template:Party shading/Federalist | Robert Sands Template:Party shading/Federalist | James Gordon Template:Party shading/Federalist | Thomas R. Gold January 28, 1800
Template:Party shading/Democratic-Republican | DeWitt Clinton Template:Party shading/Democratic-Republican | Ambrose Spencer<ref>Spencer changed sides in 1798</ref> Template:Party shading/Federalist | John Sanders Template:Party shading/Democratic-Republican | Robert Roseboom November 7, 1800<ref>These members were elected during the special session of the Legislature, but they did not take their seats before the full year of tenure of the previous members had expired. They met for the first time on February 11, 1801, and rejected most of Governor John Jay's nominations, among them eight different Federalist nominees for Sheriff of Dutchess County. They met again on February 18, and appointed a Democratic-Republican as Sheriff of Dutchess Co. The Council met again on February 24. At this meeting, Gov. Jay refused to put the question on the Council members' nominees, and the members refused to vote on the Governor's nominees. Thus deadlocked, the Council adjourned and were not convened again by Gov. Jay. who instead submitted the question of the right of nomination to the State Legislature which called a constitutional convention to clear up the point. The Council met again on August 8, called by Governor George Clinton, and for the remainder of their term, proceeded to make a clean sweep, removing almost all Federalists from office. The constitutional convention met in October, and gave the right to nominate appointees to the Governor and the members of the Council concurrently.</ref>
Template:Party shading/Democratic-Republican | Benjamin Huntting Template:Party shading/Democratic-Republican | James W. Wilkin Template:Party shading/Democratic-Republican | Edward Savage Template:Party shading/Federalist | Lemuel Chipman January 30, 1802
Template:Party shading/Democratic-Republican | Ebenezer Purdy<ref>Ebenezer Purdy, of Salem, state senator 1801–06, resigned March 16, 1806, before his expulsion because of bribery was voted upon</ref> Template:Party shading/Democratic-Republican | John C. Hogeboom Template:Party shading/Federalist | Jacobus Van Schoonhoven<ref>In 1796, Saratoga Co. was re-apportioned from the Western to the Eastern District.</ref> Template:Party shading/Democratic-Republican | Jacob Snell February 8, 1803
Template:Party shading/Democratic-Republican | John Broome Template:Party shading/Democratic-Republican | Abraham Adriance Template:Party shading/Democratic-Republican | Thomas Tredwell Template:Party shading/Democratic-Republican | Caleb Hyde February 7, 1804
Template:Party shading/Democratic-Republican | John Schenck Template:Party shading/Democratic-Republican | Joshua H. Brett Template:Party shading/Democratic-Republican | Stephen Thorn Template:Party shading/Democratic-Republican | Jedediah Peck January 29, 1805
Template:Party shading/Democratic-Republican | DeWitt Clinton Template:Party shading/Democratic-Republican | Robert Johnson Template:Party shading/Democratic-Republican | Adam Comstock Template:Party shading/Democratic-Republican | Henry Huntington January 31, 1806<ref>At this time the Democratic-Republican Party was split in two factions, the Lewisites (supporters of Gov. Morgan Lewis) and Clintonians (led by of DeWitt Clinton). This Council had a Clintonian majority, and removed most of the Lewisite incumbents.</ref>
Template:Party shading/Democratic-Republican | Thomas Thomas Template:Party shading/Democratic-Republican | James Burt Template:Party shading/Democratic-Republican | Edward Savage Template:Party shading/Democratic-Republican | John Nicholas January 29, 1807<ref>This Council had a Lewisite majority and removed most of the Clintonian incumbents.</ref>
Template:Party shading/Democratic-Republican | Benjamin Coe Template:Party shading/Democratic-Republican | Peter C. Adams Template:Party shading/Democratic-Republican | John Veeder Template:Party shading/Democratic-Republican | Nathan Smith January 29, 1808<ref>This Council had a Clintonian majority, and removed again the Lewisite incumbents.</ref>
Template:Party shading/Democratic-Republican | Jonathan Ward Template:Party shading/Democratic-Republican | James G. Graham Template:Party shading/Democratic-Republican | Isaac Kellogg Template:Party shading/Democratic-Republican | Alexander Rea January 27, 1809
Template:Party shading/Democratic-Republican | Israel Carll Template:Party shading/Federalist | Robert Williams<ref>Williams had been elected as a Democratic-Republican, but changed sides right after his election to the Council of Appointment. At this time, there was a Federalist majority in the Assembly, but all State senators from the Southern and the Middle Districts were Democratic-Republicans. Thus the Federalist assemblymen had to choose two of their opponents and, because of the casting vote of Gov. Daniel D. Tompkins, could not have had a majority in the Council but, aided by Williams, the Council removed most of the Democratic-Republican incumbents. Among others, the Surrogate of Dutchess Co., James Tallmadge, Jr., was removed, and Williams's son-in-law Thomas J. Oakley appointed instead.</ref> Template:Party shading/Federalist | Daniel Paris Template:Party shading/Federalist | Amos Hall January 31, 1810
Template:Party shading/Democratic-Republican | Benjamin Coe Template:Party shading/Democratic-Republican | James W. Wilkin Template:Party shading/Democratic-Republican | John McLean Template:Party shading/Democratic-Republican | Philetus Swift January 30, 1811
Template:Party shading/Democratic-Republican | William W. Gilbert Template:Party shading/Democratic-Republican | Johannes Bruyn Template:Party shading/Democratic-Republican | Henry Yates, Jr.<ref>Henry Yates, Jr., brother of Joseph C. Yates</ref> Template:Party shading/Democratic-Republican | Francis A. Bloodgood February 1, 1812
Template:Party shading/Federalist | Peter W. Radcliff<ref>Peter W. Radcliff, brother of Jacob Radcliff</ref> Template:Party shading/Democratic-Republican | James W. Wilkin Template:Party shading/Federalist | John Stearns Template:Party shading/Federalist | Jonas Platt January 12, 1813
Template:Party shading/Federalist | Elbert H. Jones Template:Party shading/Democratic-Republican | Morgan Lewis Template:Party shading/Federalist | Samuel Stewart Template:Party shading/Democratic-Republican | Henry A. Townsend January 25, 1814
Template:Party shading/Democratic-Republican | Jonathan Dayton Template:Party shading/Democratic-Republican | Lucas Elmendorf Template:Party shading/Democratic-Republican | Ruggles Hubbard Template:Party shading/Democratic-Republican | Farrand Stranahan February 1, 1815
Template:Party shading/Democratic-Republican | Darius Crosby Template:Party shading/Democratic-Republican | William Ross Template:Party shading/Democratic-Republican | Perley Keyes Template:Party shading/Democratic-Republican | Archibald S. Clarke February 5, 1816
Template:Party shading/Democratic-Republican | Walter Bowne Template:Party shading/Democratic-Republican | John Noyes Template:Party shading/Democratic-Republican | John I. Prendergast Template:Party shading/Democratic-Republican | Henry Bloom February 2, 1817
Template:Party shading/Democratic-Republican | Peter R. Livingston Template:Party shading/Democratic-Republican | Jabez D. Hammond Template:Party shading/Democratic-Republican | Henry Yates, Jr. Template:Party shading/Democratic-Republican | Henry Seymour January 31, 1818
Template:Party shading/Democratic-Republican | Stephen Barnum Template:Party shading/Democratic-Republican | William Ross Template:Party shading/Democratic-Republican | George Rosecrantz Template:Party shading/Democratic-Republican | Stephen Bates February 3, 1819
Template:Party shading/Democratic-Republican | John D. Ditmis Template:Party shading/Democratic-Republican | John Lounsbery Template:Party shading/Democratic-Republican | Levi Adams Template:Party shading/Democratic-Republican | Ephraim Hart January 11, 1820
Template:Party shading/Democratic-Republican | Walter Bowne Template:Party shading/Democratic-Republican | John T. More Template:Party shading/Democratic-Republican | Roger Skinner Template:Party shading/Democratic-Republican | David E. Evans November 8, 1820
Template:Party shading/Democratic-Republican | John Townsend Template:Party shading/Democratic-Republican | Charles E. Dudley Template:Party shading/Democratic-Republican | Benjamin Mooers Template:Party shading/Democratic-Republican | Perry G. Childs January 10, 1822

Sources

See also
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