The foregoing theory, perhaps, may be confidered as confirmed by the fact, that in no ftate in the union, has the administration of the general government met with more decided approbation and firm fupport, than in Connecticut,

CHAPTER THIRD.

OF THE EXECUTIVE POWER.

THE executive is divided among feveral officers, which will be

confidered under two heads, the fupreme, and the fubordinate.

L. The fupreme executive power is confined to narrow limits by the nature of our conftitution, and our union with the United States.

Tho the power of the governor is lefs in this ftate, than in fome others, as he does not conftitute a distinct branch of the legislature and can make but few appointments to offices, yet it ftill deferves to be confidered as a ftation of great refpectability and dignity. In his legislative character, he is the prefident of the council. In the executive department, he is the fupreme executive. ≈ He is the chief magiftrate of the state, with the file of his excellency. a He is commander in chief of the milita, with the power of appointing the adjutant general, two aids du camp, and of difmiffing commiffioned officers. He figus the commiffions of all judges, justices of the peace, and military officers. He has the power of justice of the peace throughout the ftate. He is the channel of corref pondence with neighbouring ftates, and with the government of the United States. All communications of public papers, and acts of congrefs are tranfmitted to him, from the heads of the executive departments, and all orders from the fupreme executive of the union, are directed to him. He has the power of ifluing procla matioms upon all proper occafions. He may reprieve a condemned malefactor, till the next general court,

The governor and council have fome fhare of executive power.They appoint the fheriffs in the feveral counties. They are invefted with the power of laying embargos, and for that purpose,

z Statutes, 27. . Ibid 46.

a Ibid. 434:

the

Ibid. 106. Ibid. 28. d Ibid. 223.

the governor with advice of council may iffue a proclamation prohí biting the transportation out of the ftate by land or water, any article or thing, as they fhall think neceflary or expedient for a cer tain time, to be limited in the proclamation. They may grant briefs, praying the charitable contribution of the people, to fuch perfons as they judge the proper objects of charity, and without their approbation, briefs are illegal. g They are enabled to grant commiffions of fewers, upon application made to them, by the major part of the proprietors of fuch lands as may be benefited thereby. They exercife the authority, every fpring of appointing a day of public fafting and prayer, and prohiting fervile labour on fuch day. Their authority for this, is derived from immemorial ufage and confent.

A day of public thanksgiving, is appointed by the legislature in the fall feffion, and the governor in both cafes, iffùes his proclamation, requiring them to be religiously obferved.

The lieutenant-governor, has the ftile of, his honour, and has the power of juftice of the peace, through the ftate. Each affiftant has the fame power.

II. Of the fubordinate executive officers. And, 1. Of the Secretary. This officer is elected annually by the people, in the fame manner as the governor. In the feffion of affembly, he performs the duty of clerk for the council, by making entries on all bills and petitions, of their votes. His office is created and his duty pointed out by statute. That the fecretary shall have the keeping and cuftody of the records, and other public papers, that contain the acts, orders, grants, and doings of the general af fembly, and that relate to fuch matters and affairs, as are of general concern, and are to be recorded and kept in his office. He fhall. record all acts, grants, orders, and refolves made by the affembly, and give true copies when reafonably required. He fhall within. twenty days after the end of every feffion of affembly, publish in writing, under the feal of the ftate, the acts, laws and public refolves, and fend them to the printer of the State of Connecticut, that they may be printed. He is keeper of the feal of the flate, and is obliged to affix it to fuch laws, acts, orders, commiflions, inftruments, and f Statutes: 18. g Ibid. 219. Ibid. 218. i Statutes,

and certificates, as he fhall by law be ordered to do, or fhall be defired by particular perfor.s, who have occafion therefor.

2. Of the Treasurer. He is elected annually by the people, in the fame manner as the fecretary. And has the fuperintendance and care of the revenues of the state. The public revenue confifts in the annual grant of taxes by the affembly, the duties upon writs, fines, and forfeitures for public offences, inflicted by the fuperior and county courts. The monies are all to be paid into the hands of the treasurer, who depofits the fame in the treasury, which is under his care and management. He is obliged to keep a regular account of the public taxes, and monies which he receives—and his accounts are annually audited by perfons appointed for that purpofe by the affembly. He muft become bound with furety, in five thou fand pounds lawful money, to the ftate, for the faithful discharge of the duties of his office, and to render his account when required. Which bond is to be taken by the governor and council, and to be registered and kept by their clerk. The fecretary, and clerk of the fuperior court are bound annually to give him an account of all the fines and forfeitures belonging to the state treasury, and he may iffue his warrant to the sheriff for their collection.

It is provided by statute, that all demands against the state, not first liquidated and allowed by the general affembly, or by the gov ernor and council, or houfe of reprefentatives, or fupreme court of errors, or by the fuperior court, or by a court of common pleas, by virtue of fome exprefs law, fhall be liquidated and fettled by the comptroller, who shall give orders on the treasurer to authorife him to pay the fame.

When the affembly grant a tax, it is the duty of the treasurer to iffue a warrant within three months before the tax is payable to the constables, who are collectors in the feveral towns, commanding them to levy and collect the fame according to law.Upon their failure, within four months after the tax, has become due, he is impowered to issue a distress to the sheriff of the county where the collector dwells, to collect the fame of fuch negligent collectors,

The treasurer at the request of the felectmen of any town, may iffue an execution in their name, directed to the fheriff of the county or his deputy, against a collector, at any time after the tax becomes due, that the money may be collected for the indemnity of the town, who are to pay the fame to the treasurer, within four months after the taxes become payable, and on failure, execution is to illue against the perfons and estates of the felectmen, and the inhabitants of the town.

Where no application is made by the felectmen to the treasurer, for an execution against the collector, and the execution iffùed against him is returned non eft, or he becomes infolvent, then execution may go against the town. These proceedings are pointed out by ftatute, and the nature of these elementary enquiries will not permit a further difcuffion of this fubject.

3. The comptroller, is appointed annually by the general affembly. He fuperintends and liquidates the public accounts. His office is created and his duty pointed out by statute, but as it is continued only from year to year, and is not confidered as a permanent office, it will be unneceffary to confider it more minutely.

4. The sheriff is an officer of great importance in the executive department of government. The office is derived to us from England: but the power of it depends on ftatutes, which have confiderably varied it from what is in England.

There must be a fheriff in every county, he is appointed by the governor and council--he must become bound before them, with two fureties, who are freeholders, in a recognizance of one thousand pounds lawful money, to the treasurer, for the faithful adminiftration of his office. He receives a warrant from the governor, or in his abfence from the lieutenant governor, impowering him to execute his office. Any perfon may be appointed to this office, and no perfon is fubject to any penalty, for refufing to accept an appointment. The office is held during good behaviour. The governor and council may difplace him upon proper reafons, and he may refign his office at pleafure.

m Statutes, 223.

The

R

The theriff is confidered as the principal officer in the county, and has great and extenfive authority. It is his duty and in his power to preserve the peace of the county, and to fupprefs all tumults, riots, routs, and unlawful affemblies, by force and strong hand. He may officially and without warrant, apprehend all perfons whom he fhall find in the disturbance of the peace, and them carry before proper authority. He may command all proper perfons within his county, to aid and affist him in the execution of his office. This is the fame power that they have in England, and is called railing the poffe commitatus, or power of the county.

In cafe of great oppofition, or where he has reafon to fufpect it, he may with the advice of one affiftant or justice of the peace, or more if they be prefent, raife the militia in the county, or fo many of them as they fhall judge needful, who are bound to yield obedience. The sheriff being invefted with fufficient power to execute his office, and it being abfolutely neceffary, for the exiftence of go-. vernment, that he should execute his office, he shall not return that he cannot do execution. The fheriff is bound to read the riot at, in all cafes of riots.

He is authorised to ferve and execute all lawful writs, to him directed, by lawful authority, and the power of water bailiff, is annexed to his office. He is bound to receive all lawful writs, when they are tendered to him within his county, and make return according to law, and the direction therein given: he must give a proper receipt for all writs, if demanded, and a receipt be prefented without fee or reward, and on refufal, other perfons may fet their names to fuch receipt, as witnefs to the delivery. On ne. glect to execute or making falfe return, complaint may be made to the court or justice, to which fuch writ was returnable, who may enquire into the facts, fet a fuitable fine on the fheriff, and award juft damages to the party injured. This ftatute gives all courts original and final jurifdiction, on all receipts for executions, granted on judgments, by them rendered.

The fheriff is by his office, chief keeper of the goal in the county, and has the charge and cuftody thereof, and may appoint fuch keepers

N 2