division of the legislative power was finally established, and
its necessity may henceforward be regarded as a demonstrated truth. This
theory, which was nearly unknown to the republics of antiquity--which
was introduced into the world almost by accident, like so many other
great truths--and misunderstood by several modern nations, is at length
become an axiom in the political science of the present age.
[See Benjamin Franklin]
The Executive Power Of The State
Office of Governor in an American State--The place he occupies in
relation to the Legislature--His rights and his duties--His dependence
on the people.
The executive power of the State may with truth be said to be
represented by the Governor, although he enjoys but a portion of its
rights. The supreme magistrate, under the title of Governor, is the
official moderator and counsellor of the legislature. He is armed with
a veto or suspensive power, which allows him to stop, or at least to
retard, its movements at pleasure. He lays the wants of the country
before the legislative body, and points out the means which he thinks
may be usefully employed in providing for them; he is the natural
executor of its decrees in all the undertakings which interest the
nation at large. *o In the absence of the legislature, the Governor is
bound to take all necessary steps to guard the State against violent
shocks and unforeseen dangers. The whole military power of the State is
at the disposal of the Governor. He is the commander of the militia, and
head of the armed force. When the authority, which is by general consent
awarded to the laws, is disregarded, the Governor puts himself at
the head of the armed force of the State, to quell resistance, and to
restore order. Lastly, the Governor takes no share in the administration
of townships and counties, except it be indirectly in the nomination of
Justices of the Peace, which nomination he has not the power to cancel.
*p The Governor is an elected magistrate, and is generally chosen
for one or two years only; so that he always continues to be strictly
dependent upon the majority who returned him.
[Footnote o: Practically speaking, it is not always the Governor who
executes the plans of the Legislature; it often happens that the latter,
in voting a measure, names special agents to superintend the execution
of it.]
[Footnote p: In some of the States the justices of the peace are not
elected by the Governor.]
Political E
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