Massachusetts. Council

Samuel Adams was an American patriot and a signer of the Declaration of Independence.

During the colonial period (1629-1686) certain members of the Court of Assistants (which functioned not only judicially but also legislatively as part of the General Court, constituting from 1644 its upper house, though without the formal title--see: Massachusetts. Court of Assistants. Agency history record) were chosen for life to function executively under the governor as a standing council, as defined in 1636 (Mass Recs 1: 167) and 1639 (1: 264)

In 1686, the 1629 charter having been revoked, the General Court ceased to function and governing power was in a crown-appointed Council and president (Thomas Dudley, 1686) and then governor (Edmund Andros, 1686-1689). After the deposition of Andros and a brief interim government by the Council for Safety of the People and Conservation of the Peace (Apr.-June 1689), charter government was reinstated: the governor, deputy governor, and assistants elected in 1686 (Mass Recs 5: 513) resumed office, the assistants as Council serving both as executive body under the governor and as upper house of the General Court.

From 1692, under the provincial charter, a Council of twenty-eight was elected annually from its membership by the General Court, again with dual legislative and executive roles. In Aug. 1774 it was displaced by councillors appointed by royal writ of mandamus to serve under Gov. Thomas Gage, until the British evacuated Boston in Mar. 1776. Meantime the General Court, discharged by Gage in Sept. 1774 and reconvening in July 1775 after an interim of three successive provincial congresses, elected its own Council to serve as its upper house and as executive body without governor.

Under the 1780 Constitution the Council (known variously as Executive Council or Governor's Council) serves as an advisory executive body presided over by the governor and assembled at his discretion (Const Pt 2, C 2, S 1, Art 4), consisting of the lieutenant governor and originally nine chosen annually by the General Court from among those elected to serve either as senators or councillors (S 3, Art 2). Const Amend Art 13 (1840) provided for legislative election of councillors from the population at large, with a residence requirement of five years immediately preceding election. Amend Art 16 (1855) provided for popular election of councillors, one from each of eight districts. Election became biennial per Amend Art 64 (1918)

By its constitutional and statutory authority to advise the governor, the Council approves appointments of judicial and quasi-judicial officers (Const Pt 2, C 2, S 1, Art 9), notaries (Const Amend Art 4), and constitutional officers if vacancies occur when the legislature is not in session (Amend Art 17); also removal of justices of the peace and notaries (Amend Art 37). It approves the adjournment or prorogation of the General Court (Const Pt 2, S 1, Art 6), granting of pardons, including commutations and respites (Art 8), and warrants authorizing expenditures from the Treasury (Art 11); it also witnesses the governor's certification of state election results (MGLA c 54, s 116)

Over time the Council acquired additional statutory authority requiring its advice and consent for various gubernatorial and other executive appointments and the fixing of salaries thereof; also for various fiscal acts and contracts made by the executive branch. With a few exceptions, such authority was repealed by St 1964, c 740.

NAME AUTHORITY NOTE. Series relating to the agency described above can be found by searching the following access point for the time period stated: 1636-present--Massachusetts. Council.

Stephen Williams, Congregational clergyman (Longmeadow, Mass.) and associated with the Company for Propagation of the Gospel in New England, founded the Company's Stockbridge mission to the Housatonic Indians in 1730.

Williams also played an important role in securing the services of the Rev. John Sergeant as the mission's first minister in 1734.

From 1628 to 1780, the Massachusetts Govenor's Council had a dual role as both an executive advisory board to the governor and as the upper body of the Massachusetts General Court.

These are the proceedings of the council in its legislative role.

The Continental Congress appointed John Allan as agent (later superintendent) of Indian affairs in the Continental Army's Eastern Department, including New England, the St. John River region, and Nova Scotia generally (Journals, Jan. 14-15, 1777). Later that year, at the urging of Allan and others, and at the request of Congress (Journals, May 13, 1777), the State of Massachusetts Bay's General Court authorized the raising of troops at Machias to protect settlers of its Eastern (Maine) District and appointed Allan colonel of Indian troops serving the state in the area (Resolves 1777-78, c 277, Sept. 16, 1777), and, the next day, also named him colonel of the troops just raised (c 281)

In these various federal and state posts Allan was to maintain good relations with the Indians who lived in the region to ensure their loyalty to the state and to the Revolutionary American cause, by setting up and supplying truck houses, protecting the Indians, and consulting with them to learn their concerns. The state funded Allan's activities, expecting ultimate reimbursement from the federal government. Col. Allan wrote extensively to the Council, the General Court's upper chamber, to gain recognition for Indian loyalty, forward intelligence on British actions, and ensure adequate supplies for the Indians and for colonial troops in the Machias region.