For an account of the conflict leading up to the convention, see J. M. Gitterman
, "The Council of Appointment in New York", Political Science
Quarterly, VII ( May, 1892), pp. 91-103
Journals of the Provincial Congress, Provincial Convention . . . 2 vols.,
1, pp. 874-875. John Jay to Robert Livingston and
Gouverneur Morris, April 29, 1777, in The Correspondence and Public Papers of John Jay,
I, p. 128.
As quoted in Lincoln, A Constitutional History of New York. I, p. 598.
His objections are found in the Albany Gazette, October 23, 1794, as
quoted by Howard McBain, DeWitt Clinton and the Origins of the Spoils
System in New York (Ph.D. Diss., Columbia University, 1907), pp. 37-38.
Charles Z. Lincoln, ed., Messages From the Governors . . . [1683-
1906], 11 vols. ( Albany: J. B. Lyon Co., 1909), II, pp. 360-361.
Lincoln, ed., Messages From the Governors, I, p. 468.
Laws of New York, V, 24th Sess. ( 1801) Chapt. 159.
Ray B. Smith, ed., History of the State of New York, Political and
Governmental, 6 vols. ( Syracuse, N.Y.: Syracuse University Press, 1922), Vol. I: 1776-1822 (Willis Fletcher Johnson), p. 210-211.
Howard McBain, DeWitt Clinton and the Origin of the Spoils System,
pp. 122-123, claims that Clinton never attended the convention. He bases this
conclusion on the fact that his name appears nowhere on the record and that
he is unrecorded in any vote. McBain also notes that Clinton did not attend
the fall meeting of the council, citing an illness that made it impossible for him
to attend. In this respect Dorothie Bobbé, DeWitt Clinton ( New York: Minton,
Balch & Co., 1933) agrees with McBain. It appears that the source for the
numerous commentators who have Clinton present and proposing amendments
is Jabez Hammond in his History of Political Parties, I, pp. 165-166.
Matthew Davis, Memoirs of Aaron Burr, 2 vols. ( New York: Harper &
Bros., 1836-1837), II, p. 158.
New York State, Journal of the Convention of the State of New York
Begun and Held at the City of Albany, on the Thirteenth Day of October, 1801
( Albany: John Barber, printer to the Convention, 1801), pp. 26-27.
As a contemporary politician and historian, Jabez Hammond pointed
out. The History of Political Parties in the State of New York, 4th ed., 3 vols.
( Syracuse: Hall, Mills & Co., 1852), I, pp. 166-167.
Hugh M. Flick, "The Council of Appointment in New York State, TheFirst Attempt to Regulate Political Patronage, 1777-1822,"