Council of Appointment
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The Council of Appointment (sometimes spelled Council of Appointments) was a body of the government of New York that existed from 1777 to 1822.
Under the 1777 New York Constitution, the Council was composed of the governor of New York as an ex officio member and four members of the New York State Senate, one from each of the state's senatorial electoral districts. The Council's four Senator members were elected for a one-year term by the New York State Assembly and could not be re-elected for the following term. This change led to an annual scramble for office.
Alexander Hamilton criticized the Council in his Federalist No. 77.
The Council had the power to appoint all state, county and municipal officials within the state of New York. The Council appointed all state executive officers other than the governor - the New York State Comptroller, the Secretary of State of New York, the New York State Attorney General. It also appointed county officials, including sheriff and district attorneys, as well as judicial officers such as judges and surrogates. City officials such as city clerks and all mayors, including the mayor of New York City, were appointed by the Council.
The Council of Appointment had its origins in the fear of a powerful executive. It provided a strong legislative voice in government appointments. Early troubles, however, arose because of the lack of clarity in the 1777 New York Constitution over who, exactly, held the power to make 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 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 constitutional convention of 1801, which amended the Constitution giving the right of nomination to the governor and each one of the council members concurrently.
The council was abolished by the New York constitutional convention of 1821 and ceased to exist at the end of the year 1822. At that time, more than 15,000 offices were under its control.
