The Massachusetts Governor's Council (also known as the Executive Council) is a governmental body that provides

advice and consent Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive branch of a government enacts something previ ...

in certain matterssuch as judicial nominations, pardons, and commutationsto the

Governor of Massachusetts The governor of the Commonwealth of Massachusetts is the chief executive officer of the government of Massachusetts. The governor is the head of the state cabinet and the commander-in-chief of the commonwealth's military forces. Massachus ...

. Councillors are elected by the general public and their duties are set forth in the Massachusetts Constitution. The Governor's Council has gone through many different formations throughout its history, at times being simply a legal counsel, also serving as provincial

magistrates The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a ''magistratus'' was one of the highest ranking government officers, and possessed both judici ...

and judges, sometimes acting as an executive in the absence of a Governor, to serving as an upper house of the

Massachusetts General Court The Massachusetts General Court (formally styled the General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the earliest days of the Massachusetts Bay Colony, ...

. Whether going by the name of "Council of Assistants" or Governor's Council, the power of the council has ebbed and flowed, however it has remained a mainstay in New England politics from the earliest colonial days of

Massachusetts Bay Massachusetts Bay is a bay on the Gulf of Maine that forms part of the central coastline of the Commonwealth of Massachusetts. Description The bay extends from Cape Ann on the north to Plymouth Harbor on the south, a distance of about . Its ...

History

The Massachusetts Bay Colony received its first royal charter in 1629, with the founding of Boston, following the arrival in 1630 of Governor

John Winthrop John Winthrop (January 12, 1587/88 – March 26, 1649) was an English Puritan lawyer and one of the leading figures in founding the Massachusetts Bay Colony, the second major settlement in New England following Plymouth Colony. Winthrop l ...

and a fleet of principally Puritan settlers. The colony's governance was based on this charter, which included the establishment of a "council of assistants." The assistants were a body of magistrates who not only decided judicial cases, but also played a role in the colony's lawmaking. The assistants were elected by the colony's freemen. After the colony's original charter was revoked in 1684, there was the short-lived

Dominion of New England The Dominion of New England in America (1686–1689) was an administrative union of English colonies covering New England and the Mid-Atlantic Colonies (except for Delaware Colony and the Province of Pennsylvania). Its political structure repres ...

(1686-1689), which was succeeded in the territories of modern Massachusetts and Maine by the

Province of Massachusetts Bay The Province of Massachusetts Bay was a colony in British America which became one of the thirteen original states of the United States. It was chartered on October 7, 1691, by William III and Mary II, the joint monarchs of the kingdoms of E ...

. The charter for the province called for "eight and twenty assistants, or counsellors, to be advising and assisting to the governor" who were to be chosen annually by the

Great and General Court The Massachusetts General Court (formally styled the General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the earliest days of the Massachusetts Bay Colony, ...

. It further specified that the council was to assume the duties of the governor in the absence of both the royal governor and lieutenant governor (who were appointed by the crown), and enumerated some of the specific issues on which the council was to advise the governor. During the provincial period, the relationship between the governor and council was sometimes difficult, since the council represented colonial interests which diverged from the crown interests of the governor. The Council also had authority over approving and accepting officer's commissions in the

militia A militia () is generally an army or some other fighting organization of non- professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of ...

. Unlike with the previous charter for the Colony of Massachusetts Bay, the 1691

Massachusetts Charter The Massachusetts Charter of 1691 was a charter that formally established the Province of Massachusetts Bay. Issued by the government of William III and Mary II, the corulers of the Kingdom of England, the charter defined the government of the c ...

stripped the power of judicial ruling from the Council. The council would continue to "advise and consent" however they would no longer hear appeals. The appeals were to be administered by the local courts and any suit which was of significant sum, namely 300 Pounds sterling, would be moved to the King's Privy Council. Other appointments were taken from the Council as well and given to the authority of the General Court. During the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...

, the state government operated under the

of 1691 but did so without a governor. The council acted as the executive.

Composition

The Council is composed of eight councillors and the governor or lieutenant governor, who presides over the Council. The Massachusetts Constitution specifies that "the governor, and in his absence the lieutenant governor, shall be president of the council, but shall have no vote in council: and the lieutenant governor shall always be a member of the council except when the chair of the governor shall be vacant." The eight councillors are elected every two years, one for each of eight councillor districts; residency in the district is not a requirement. The council membership was originally nominated by the house of representatives and elected by the state senate. The state constitution upon the prompting of the American Party (Know Nothings) in 1854 was changed to make the council an elected position open to all state residents. The Governor's Council districts changed over time and are now specially composed. Each district consists of the entirety of five contiguous

Massachusetts Senate The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member senatorial districts in the ...

districts. There are provisions in the Massachusetts Constitution for filling unexpected vacancies. If a seat on the Council becomes vacant, the General Court may, by concurrent vote, select some person from the relevant councillor district to fill the opening. If the General Court is not in session, the Governor may select the new councillor, with the advice and consent of the existing Council.

Duties

The Council generally meets at noon on Wednesdays in its State House Chamber, next to the Governor's Office. Pursuant to the Massachusetts Constitution, the Governor may, in general and at his discretion, ''from time to time'' assemble the Council ''for the ordering and directing the affairs of the commonwealth.'' In addition, the Governor must seek the advice and consent of the Council with respect to nominations of judicial officers, appointment and removal of notaries public and

justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same ...

, issuance of pardons and commutations, and payment of monies from the treasury. Annual compensation in 2016 was $36,025. The outside conduct of some councillors has drawn public scrutiny in recent years. Felony assault charges were dismissed in July 2008 against one councillor, Marilyn Devaney. In the 2008 election, councillor Kelly A. Timilty falsified the endorsement of the governor and later was fined. The 2008 election generated higher than usual interest in Council seats, but all of the incumbents were reelected.

Role in gubernatorial succession

Originally, the Massachusetts Constitution placed the Governor's Council in the line of executive succession. If the offices of Governor and

Lieutenant Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-co ...

were both vacant, the Council would act as chief executive. During the colonial period this occurred three times. Following statehood, it occurred only once. After the death of Governor Increase Sumner in 1799, Lieutenant Governor Moses Gill became Acting Governor, and following his death in 1800 the council chaired by

Thomas Dawes Thomas Dawes (August 5, 1731 – January 2, 1809) was a patriot who served as a Massachusetts militia colonel during the American Revolution and afterward assumed prominent positions in Massachusetts's government. His positions included membe ...

succeeded to the governorship. The constitutional line of succession was amended in 1918 to remove the Council and insert the "secretary, attorney-general, treasurer and receiver-general, and auditor," in that order.

References

* Frothingham, L.A. (1916). ''A Brief History of the Constitution and Government of Massachusetts''. The Lawbook Exchange.

External links