Chapter XII
Executive Department. Governor and Lieutenant-Governor.
§1. The chief executive power of a state is, by the constitution, vested in a governor. The governor is chosen by the people at the general election; in South Carolina by the legislature. The term of office is not the same in all the states. In the six New England states, the governors are chosen annually; in the other states, for the different terms of two, three, and four years.
§2. The qualifications for the office of governor are also different in the different states. To be eligible to the office of governor, a person must have been for a certain number of years a citizen of the United States, and for a term of years preceding his election a resident of the state. He must also be above a certain age, which, in a majority of the states, is at least thirty years; and in some states he must be a freeholder.
§3. The powers and duties of a governor are numerous. He communicates by message to the legislature, at every session, information of the condition of the state of its affairs generally, and recommends such measures as he judges necessary and expedient. He is to take care that the laws be faithfully executed, and to transact all necessary business with the officers of the government. He may convene the legislature on extraordinary occasions: that is, if, at a time when the legislature is not in session, a matter should arise requiring immediate attention, the governor may call a special meeting of the legislature, or as it is usually termed, an extra session.
§4. A governor has power to grant reprieves and pardons, except in cases of impeachment, and, in some states, of treason. To _reprieve_ is to postpone or delay for a time the execution of the sentence of death upon a criminal. To _pardon_ is to annul the sentence by forgiving the offense and releasing the offender. A governor may also _commute_ a sentence; which is to exchange one penalty or punishment for another of less severity; as, when a person sentenced to suffer death, is ordered to be imprisoned.
§5. The governor has power also, in some of the states, with the consent of the senate, to appoint the higher officers of the militia of the state, and the higher civil officers in the executive and judicial departments. In a few of the states, there are executive councils whose advice and consent are required in such cases. In making such appointments, the governor nominates, that is, he _names_ to the senate, in writing, the persons to be appointed. If a majority of the senators consent, the persons so nominated are appointed. Many other duties are by the constitution devolved upon the governor.
§6. A lieutenant-governor has few duties to perform. He presides in the senate, in which he has only a casting vote. In the state of New York, he serves in some of the boards of executive officers. In nearly one-half of the states the office of lieutenant-governor does not exist. The chief object of electing this officer seems to be to provide a suitable person to fill the vacancy in the office of governor in case the latter should die, resign, be removed, or otherwise become incompetent.
§7. When the lieutenant-governor acts as governor, the senate chooses from its own number a president. If the offices of both the governor and lieutenant-governor should become vacant, the president of the senate must act as governor. If there should be neither a governor, a lieutenant-governor, nor a president or speaker of the senate, then, the speaker of the house of representatives would become the acting governor. This is believed to be the rule for supplying vacancies in most if not all of the states.
Chapter XIII
Assistant Executive State Officers.
§1. Among the executive officers who assist in the administration of the government, there are in every state, some or all of the following: a secretary of state, a controller or auditor, a treasurer, an attorney-general, a surveyor-general. The mode of their appointment and the terms of their respective offices, are prescribed by the constitution or by law. In some states they are appointed by the governor and senate; in others by the legislature; and in others they are elected by the people. They keep their offices at the seat of government of the state.
§2. The _secretary of state_ keeps a record of the official acts and proceedings of the legislature and of the executive departments, and has the care of the books, records, deeds of the state, parchments, the laws enacted by the legislature, and all other papers and documents required by law to be kept in his office. He causes the laws passed by the legislature to be published in one or more newspapers, as directed by law; and also to be printed and bound in a volume, and distributed among the state officers for their use, and among the county and town clerks, to be kept in their offices for the use of the people who wish to examine the laws. Also one or more copies are exchanged with each of the other states for copies of their laws to be kept in the state library. Various other duties are performed by the secretary.
§3. The _state auditor_, in some states called _controller_, manages the financial concerns of the state; that is, the business relating to the money, debts, land and other property of the state. He examines and adjusts accounts and claims against the state, and superintends the collection of moneys due the state. When money is to be paid out of the treasury, he draws a warrant (a written order,) on the treasurer for the money, and keeps a regular account with the treasurer of all moneys received into and paid out of the treasury. And he reports to the legislature or other proper officers, a statement of the funds of the state, and of its income and expenditures during each year.
§4. The _treasurer_ has charge of all the public moneys that are paid into the treasury, and pays out the same as directed by law; and he keeps an accurate account of such moneys, specifying the names of the persons from whom they are received, to whom paid, and for what purposes. He also exhibits annually a statement of moneys received and paid out by him during the year, and of the balance in the treasury.
§5. Auditors, treasurers, and other officers intrusted with the care and management of money or other property, are generally required, before they enter on the duties of their offices, to give bonds, in sums of certain amount specified in the law, with sufficient sureties, for the faithful performance of their duties. The sureties are persons who bind themselves to pay the state all damages arising from neglect of duty on the part of the officers, not exceeding the sum mentioned in the bond.
§6. The _attorney-general_ is a person learned in the law, appointed to act for the state in law-suits in which the state is a party. He prosecutes persons indebted to the state, and causes to be brought to trial persons charged with certain crimes. He also gives his opinion on questions of law submitted to him by the governor, the legislature, and the executive officers. In some states there is no attorney-general. In such states prosecutions in behalf of the state are conducted by the state's attorney for each county.
§7. The _surveyor-general_ superintends the surveying of the lands belonging to the state. He keeps in his office maps of the state, describing the bounds of the counties and townships; and when disputes arise respecting the boundaries, he causes surveys to be made, if necessary, to ascertain such bounds. He performs certain other duties of a similar nature. In many of the states there is no surveyor-general, the duties of that office being done by a county surveyor in each county.
§8. There is also, in many of the states, a _superintendent of schools_, called in some states, _superintendent of public instruction_, whose principal duties are described in a subsequent chapter. (Chap. XXII, §10.)
§9. There is also a printer to the state, or _state printer_, whose business it is to print the journal, bills, reports, and other papers and documents of the two houses of the legislature, and all the laws passed at each session. State printers are either chosen by the legislature, or employed by persons authorized to make contracts for the public printing; or the printing is let to the lowest bidder.
§10. There are other officers employed by the state, among whom are the following: a _state librarian_, who has charge of the state library, consisting of books containing matter of a public nature, such as the laws of all the states, and of the United States, with a large collection of miscellaneous books; persons having the care of the public buildings and other property of the state; superintendents of state prisons, lunatic asylums, and other state institutions, whose duties are indicated by their titles, and need no particular description.