Massachusetts. Governor

Under the 1786 agreement between New York and Massachusetts settling land claims west of the Hudson River (see: Massachusetts. Office of the Secretary of State. Agreement between Massachusetts and New York relating to western lands, 1784-1793 ((M-Ar)31X)), the Commonwealth retained the right of preemption to purchase lands from the several Indian nations, and the obligation to supervise the sale of any of these lands should the right of preemption be transferred to third parties. After a final sale of such right of preemption in 1792, Massachusetts governors appointed a series of superintendents to observe transactions between the Indians and owners of the preemptive right. The superintendents resided in New York, and tended to their duties in pro forma fashion. Controversy in 1838 following a U.S. decision to relocate all eastern Indians and a subsequent treaty and sale of remaining Indian reservations, caused the Massachusetts governor and council to reevaluate their role in this process, and to demand equitable treatment for the New York Indians.

The office of Governor derives from the English royal charter of 1629, granted to the "Governor and Company of the Massachusetts Bay in New England." The charter permitted the transfer of the meeting place and officers of the company from England to the new settlement. Provision was made for the governance of the company by a General Court of the freeman (stockholders) and for election by them of a governor, deputy governor, and Court of Assistants. In this way, the charter laid the basis for what was the forerunner of the government of the Commonwealth.

During the period of the first charter (1629-1686), the position of Governor was held for the most part by individuals who had played a leading role in the undertaking and development of the settlement; thus it is no surprise to find significant authority invested in the office during that period. Already, however, competitive tensions began to characterize the relationship between the governor and the General Court.

The office of Governor survived the intercharter period (1686-1692) and was institutionalized further under the William and Mary Charter of 1691. The governor was empowered to convene and dissolve the General Court, to veto legislation, to serve as commander-in-chief and to invoke martial law in time of war, and to issue warrants for assessment of taxes levied by the General Court. Most importantly, the new charter provided for the appointment of the governor by the king. Henceforth those holding the office would administer the province in the name and interest of the monarch. The prestige of indigenous leadership progressively gave way to the stamp of royal orthodoxy in the administration of provincial business.

As the 18th century progressed, the assertion of royal administrative interests by the governor brought him into conflict with General Court. The Explanatory Charter of 1726 outlined and reasserted authority delegated to the governor in the William and Mary Charter but also permitted the governor to review and approve or disapprove the person selected by the House of Representatives to serve as Speaker. There were also annual disputes with the General Court over fiscal affairs and the salary of the governor until the departure of Governor Hutchinson in 1774. Notwithstanding British efforts to force the subsequent acceptance of a royal governor, most of the years of the Revolution found Massachusetts governed by assembly and council. Nonetheless, a tradition of strong executive leadership had been developed in Massachusetts.

In the Constitution of 1780, executive authority was restored to the office (Const Pt 2, C 2, s 1). Initially one year in length, the governor's term was lengthened in 1918 to two years (Const Amend Art 64) and then in 1964 to four years (Const Amend Art 12). As framed in the Constitution, the position of Governor corresponded to the provincial model. He was again empowered to call together the Council; to adjourn, postpone, or dissolve the General Court; to lead and manage the military affairs of the Commonwealth; to issue pardons with the advice of the Council, and, with the same advice, to nominate and appoint all judicial officers. As earlier, the governor reviewed legislation with the power to veto, a power restricted by a legislative override provision. Additionally, he was able to issue warrants for the disbursement of money from the Treasury.

During the first half of the 19th century, the dimensions of the governor's department were relatively modest. Ordinarily, when the governor was commissioned to undertake a study or prosecute a project, responsibility for receiving returns, reports, and other records was specifically attributed to the secretary of the Commonwealth, who during this period provided direct and important clerical service to the governor. By midcentury, the volume of business made this arrangement no longer feasible. By Resolves 1861, c 1, the governor was permitted to appoint a private secretary. The arrangement and maintenance of the series: Executive department letters ((M-Ar)567X) and: Letters official ((M-Ar)568X) reflect this development.

The 20th century brought significant elaboration of form and function in state administration as regulatory and promotional activities expanded, budgets grew (Const Amend Art 63, 1918, gave the governor responsibility for presenting an annual budget to the General Court), and civil administrative business became more complex. A 1919 reorganization (St 1919, c 350) consolidated 19th-century boards and commissions into a bureaucracy of sixteen executive departments responsible to the governor. Each was headed by a commissioner and an advisory board appointed by the governor with the advice of the Council. Where necessary, provision was made for the creation of specific divisions within these departments. In effect the reorganization consolidated the executive business of the government more completely in the hands of the governor.

St 1969, c 704 provided for the establishment of a governor's cabinet, consisting of nine secretariats, consolidating still further gubernatorial control over line departments of the executive branch. The arrangement took effect in 1971.

With these expanded functions and authority came the inevitable growth of staff immediately serving the governor. Among the sections now forming the executive office are the following: Chief Secretary, Chief of Operations, Legal Office, Legislative Office, Correspondence Office, Press Office, Personnel Office, Scheduling Office, Office of Community Services, Office of Federal State Relations, and Office of Constituency Services. Gubernatorial records held by the Massachusetts Archives correspond to these administrative refinements. They also reflect, largely by their gaps, the lack of coherent collecting by the Archives in this area until the mid-1970s.

Then in 1981 the Archives was able to recover several hundred volumes containing: Executive department letters and: Letters official, documenting gubernatorial activities during and after the Civil War. Simultaneously there were successive acquisitions of relatively large quantities of records documenting gubernatorial administrations from the early 1960s onward, namely those of Endicott Peabody, John Volpe, Francis Sargent, Michael Dukakis, and Edward King.

NAME AUTHORITY NOTE. Series relating to the agency described above can be found by searching the following access point for the time period stated: 1629-1776, 1780-present--Massachusetts. Governor.