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 List of enacting formulae, enacting formulae of bill (proposed law), bills and in other legal or constitutional contexts. It describes either of two situations: where a weak executive ...

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

Governor of Massachusetts The governor of the Commonwealth of Massachusetts is the head of government of the Commonwealth (U.S. state), Commonwealth of Massachusetts. The governor is the chief executive, head of the state cabinet and the commander-in-chief of the commonw ...

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

upper house An upper house is one of two Legislative chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted p ...

of the

Massachusetts General Court The Massachusetts General Court, formally the General Court of Massachusetts, is the State legislature (United States), state legislature of the Commonwealth (U.S. state), Commonwealth of Massachusetts located in the state capital of Boston. Th ...

(the state legislature). 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 New England is a region consisting of six states in the Northeastern United States: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. It is bordered by the state of New York (state), New York to the west and by the ...

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 Massachusetts. Description The bay extends from Cape Ann on the north to Plymouth Harbor on the south, a distance of about . Its northern and sout ...

Qualifications

Any person seeking to become a member of the Massachusetts Governor's Council must meet the following requirements: * Be at least eighteen years of age * Be a registered voter in Massachusetts * Be a Massachusetts resident for at least five years when elected * Receive 1,000 signatures from registered voters on nomination papers

History

The

Massachusetts Bay Colony The Massachusetts Bay Colony (1628–1691), more formally the Colony of Massachusetts Bay, was an English settlement on the east coast of North America around Massachusetts Bay, one of the several colonies later reorganized as the Province of M ...

received its first royal charter in 1629, with the founding of

Boston Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...

, following the arrival in 1630 of Governor John Winthrop and a fleet of principally

Puritan The Puritans were English Protestants in the 16th and 17th centuries who sought to rid the Church of England of what they considered to be Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should b ...

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

magistrate 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 judi ...

s 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 a short-lived administrative union of English colonies covering all of New England and the Mid-Atlantic Colonies, with the exception of the Delaware Colony and the Province of Pennsylvani ...

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

Maine Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and ...

by the

Province of Massachusetts Bay The Province of Massachusetts Bay was a colony in New England 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 Eng ...

. 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. 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 a military or paramilitary force that comprises civilian members, as opposed to a professional standing army of regular, full-time military personnel. Militias may be raised in times of need to support regular troops or se ...

. Unlike with the previous charter for the Colony of Massachusetts Bay, the 1691 Massachusetts Charter 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 (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...

, the state government operated under the Massachusetts Charter of 1691 but did so without a governor. The council acted as the executive. The modern Constitution of Massachusetts was adopted in 1780.

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 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 or her 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, issuance of

pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...

s 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 A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

and Lieutenant Governor 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 succeeded to the governorship and councilor Decrease Winter succeeded to the office of lieutenant governor. 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.

Elections

* 2006 Massachusetts Governor's Council election * 2022 Massachusetts Governor's Council election * 2024 Massachusetts Governor's Council election

References

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

External links

Official site
{{DEFAULTSORT:Massachusetts Governor's Council Governor's Council State executive councils of the United States Legislatures of the Thirteen Colonies Selection of judges in the United States