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 The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor ...

, who was ''

ex officio An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by r ...

'' president of this council but had only a

casting vote A casting vote is a vote that someone may exercise to resolve a tied vote in a deliberative body. A casting vote is typically by the presiding officer of a council, legislative body, committee, etc., and may only be exercised to break a deadlock ...

, and four members of the

New York State Senate The New York State Senate is the upper house of the New York State Legislature, while the New York State Assembly is its lower house. Established in 1777 by the Constitution of New York, its members are elected to two-year terms with no term l ...

, 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 The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Ass ...

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 In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

, the Surveyor General, the

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, the justices of the

New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...

, sheriffs, district attorneys, judges,

surrogates ''Surrogates'' is a 2009 American science fiction action film based on the 2005–2006 comic book series ''The Surrogates''. Directed by Jonathan Mostow, it stars Bruce Willis as Tom Greer, an FBI agent who ventures out into the real world to ...

, city and county clerks, mayors (including the

Mayor of New York City The mayor of New York City, officially mayor of the City of New York, is head of the executive branch of the government of New York City and the chief executive of New York City. The Mayoralty in the United States, mayor's office administers all ...

), 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 Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows on another. In the history of art, art patronage refers to the support that princes, popes, and other wealthy and influential people ...

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 The Federalist Party was a conservativeMultiple sources: * * * * * * * * and nationalist American political party and the first political party in the United States. It dominated the national government under Alexander Hamilton from 17 ...

and the

Democratic-Republican Party The Democratic-Republican Party (also referred to by historians as the Republican Party or the Jeffersonian Republican Party), was an American political party founded by Thomas Jefferson and James Madison in the early 1790s. It championed li ...

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 Advice and consent is an English phrase frequently used in List of enacting formulae, enacting formulae of bill (proposed law), bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive ...

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 John Jay (, 1745 – May 17, 1829) was an American statesman, diplomat, signatory of the Treaty of Paris (1783), Treaty of Paris, and a Founding Father of the United States. He served from 1789 to 1795 as the first chief justice of the United ...

, 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 Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 dur ...

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 appointment In the United States, a recess appointment is an appointment by the President of the United States, president of a Officer of the United States, federal official when the United States Senate, U.S. Senate is in Recess (motion), recess. Under the ...

List of members

Notes

Sources

''The New York Civil List''
compiled by Franklin Benjamin Hough (pages 99f; Weed, Parsons and Co., 1858)
''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)

History

List of members

Notes

Sources

See also