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CHAPTER XIX.

THE EXECUTIVE DEPARTMENT.

THE GOVERNOR. THE supreme executive power is vested in a magistrate called the Governor of the Commonwealth of Massachusetts; and his title is His Excellency. He is chosen annually by the legal voters of the State. He must have been an inhabitant of the Commonwealth for seven years next preceding his election.

On the first Wednesday of January, the secretary of the Commonwealth lays before the Senate Induction into and House of Representatives the returns Office. of election that have been sent from the several towns and cities. These bodies examine them, and declare who is elected governor. After the organization of the houses is complete, they meet in convention in the representatives' hall. The president of the senate occupies the chair, and, in the presence of the governor and council of the past year, administers to the governor elect the three oaths required by the constitution, the same that are taken by the members of the General Court. After being thus qualified, the governor delivers an address, as has been before stated.

The governor has authority to call together the

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council at his discretion, and is required to hold Pasarese and meetings of the council from time to time ernor: 1. To hold as the interests of the Commonwealth Council. demand. The governor has certain powers respecting sessions

of the General Court, which he exercises 2. Respecting Sessions of Gen- with advice of the council. 1. If the court

urt. is in session, and the two houses desire it, and can agree upon a time, the governor may adjourn 1 or prorogue the court until that time. 2. If the two houses cannot agree as to the necessity or time of adjournment, the governor may adjourn or prorogue the court for such time as he thinks best, but not exceeding ninety days. 3. The governor may prolong a recess of the court, but not more than ninety days. 4. He may call a special session at any time when he thinks the public good requires it. 5. If from the prevalence of disease, or for any other cause, the governor thinks it unsafe for the court to meet in the usual place, he may change the place at his discretion.

The governor is the commander-in-chief of the mili3. As Command- tary force of the State, having full power er-in-Chief. respecting its instruction and discipline. He may call out the troops, and lead them in case of invasion or insurrection, and may order out such portions as may be necessary to suppress riots, and to aid in enforcing the laws. He has power, with advice of the council, to pardon

offences against the Commonwealth, after 4. To Pardon.

persons have been convicted of the same; but this power does not extend to cases of impeachment. The pardoning power includes the right to remit a portion of the punishment, and to make such conditions and restrictions as are deemed best.

1 Adjourn. — As used in England, this word signifies to continue a session of parliament from day to day, while prorogue means to continue the parliament from one session to another. The words have essentially the same meaning in the constitution of Massachusetts.

The governor has power to appoint all judicial officers, coroners, and notaries-public. There 5. To Appoint are also numerous boards and commissions Officers. established by the legislature, the members of which are appointed by the governor. In case of appointments, the consent of the council is required, and the governor must nominate a person at least seven days before the appointment. The commissions to military officers are issued by the governor.

The governor's warrant, drawn by consent of the council, is required for the payment of 6. Warrant for any money out of the treasury of the Money. Commonwealth. These general powers are conferred by the constitution. There are numerous others connected with the details of administration, which are conferred by the General Court.

The constitution provides that the governor shall have an honorable stated salary, of fixed and permanent value, established by standing laws, and amply sufficient to make him independent in his actions, to enable him to give the necessary time to the affairs of the State, and to maintain the dignity of the Commonwealth.

Salary.

- THE LIEUTENANT-GOVERNOR. There is annually elected a Lieutenant-Governor, whose title is His Honor. His qualifications are the same as those required of the governor; and he is elected and sworn at the same time and in the same

164 civIL GOVERNMENT IN THE UNITED STATES.

CIVIL GOVERNMENT IN THE UNITED STATES.

way. He is a member of the council, and, in the absence of the governor, presides over its sessions. In case the chair of the governor is vacant by reason of death, or absence from the State, or otherwise, the lieutenantgovernor performs the duties of the governor, and has all the powers which the constitution confers upon that officer.

THE EXECUTIVE COUNCIL. Eight councillors are annually elected by the people

of the State. After each census, the leElection.

. gislature divides the Commonwealth into eight districts, each comprising five contiguous senatorial districts; and one councillor is elected in each. He must have been an inhabitant of the Commonwealth five years next preceding his election. The members of the council take the required oaths at the same time as the governor. Vacancies in the council are filled by concurrent vote of the senate and house of representatives, or by the governor, if the legislature is not in session. The duty of the council is to advise the governor in

the administration of the government; and

its advice is recorded and signed. Its consent is required to all executive appointments, and to warrants drawn for the payment of money. If, for any reason, there is a vacancy in the offices of governor and lieutenant-governor, a majority of the council have full power to do all that those officers might do. The

council usually continues in session during Sessions.

the annual session of the General Court, and at such other times as the governor deems necessary. The governor, or, in his absence, the lieutenantgovernor, presides.

Duties.

SECRETARY OF THE COMMONWEALTH. The Secretary of the Commonwealth is chosen annually by the people. He must have been

Election. an inhabitant of the State five years next preceding his election. If the office becomes vacant during a session of the General Court, it is filled by joint ballot of the senators and representatives. If the vacancy occurs at any other time, it is filled by appointment by the governor. The secretary is sworn with the governor and council.

The duties of the secretary are, to keep the records of the Commonwealth, to attest the signa

Duties. ture of the governor on commissions and proclamations, and to affix thereto the state seal, of which he is the custodian. He also keeps the laws of the Commonwealth, and publishes them as has been stated. He submits to the General Court the reports of the various departments of the government, and publishes them as required by law. He furnishes to officers of the courts, and to certain county and town officers, blanks which they are required to fill out, and return to him, showing what has been done throughout the state by these subordinate officers in their several spheres. He has the power to appoint such deputies and clerks as the duties of the office make necessary.

TREASURER AND RECEIVER-GENERAL. The provision of the constitution for the election, qualifications, and oath of the Treasurer is the same as for the secretary; and a vacancy in his office is filled in the same way as in the other.

Election.

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