Resolution of the New York State Senate, 6 April 1801
Resolution of the New York State Senate
IN SENATE April 6. [1801]
Whereas, a difference of sentiment subsists between his Excellency the Governor and the majority of the Members of the Honorable the Council of Appointment, relative to the right of nomination, by reason whereof the business of the said Council is at present interrupted: And whereas, it is essential to the public good that that interruption should immediately cease. And whereas, the Legislature cannot now adopt or concur in any measures to produce a seasonable and legal decision on the said right of nomination: And whereas, the right has been uniformly claimed, and generally exercised, as well by the late, as the present Governor of this State—Therefore,
Resolved, (if the Hon. The Assembly concur therein)1 That, in the opinion of the Legislature, it would be proper for the Members of the Honorable the Council of Appointment to signify to his Excellency the Governor their willingness to waive the aforesaid question, relative to the right of nomination; and to proceed in the business of the said Council in the manner heretofore generally practised, until a legal decision can be had on that question.2
PtD, American Citizen (New York), 11 Apr. 1801. Reprinted: Mercantile Advertiser, and Commercial Advertiser (both New York), 13 Apr.; N.Y. Senate Journal, 24th sess. (1800–1801), 144; NYGM 2: 501–2. The resolution proposed by Ebenezer Russell (c. 1747–1836), passed in the Senate by a vote of 22 to 12.
1. The Assembly voted down the Senate resolution by a vote of 53 to 24. N.Y. Assembly Journal, 24th sess. (1800–1801), 303. See also Resolution of the New York State Assembly, 8 Apr. 1801, below.
2. DeWitt Clinton proposed a separate resolution claiming that “declaring an opinion on either side, will as it may come before them in a judicial shape, be a sacrifice of principle, and a violation of duty, will be fruitless and unavailing will detract from the dignity, respectability and impartiality of the Legislature”. The Senate rejected Clinton’s resolution by a vote of 22 to 12. Clinton then proposed to amend the existing resolution encouraging the governor to accommodate the Council of Appointment “respecting the right of nomination as to prevent a further interruption of appointments”. This amendment was likewise voted down. PtD, American Citizen (New York), 11 Apr. 1801. Reprinted: Mercantile Advertiser, and Commercial Advertiser (both New York) 13 Apr.; N.Y. Senate Journal, 24th sess. (1800–1801), 144–45; NYGM 2: 502–3.
For more on JJ’s longstanding dispute with the Council of Appointment, and his attempts to resolve the issue, see the editorial note “Conflict with the Council of Appointment,” above.