Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=The Military Powers of the Governor.=--In every state the governor is
commander in chief of the military forces of the state and also of the
naval forces where there are any--a power which means little in times of
peace. Whenever there are riots or serious disturbances, however, this
power becomes important. When the disturbance is too great to be
suppressed by the local authorities, the governor may order out a
portion of the militia and may, if he elects, take charge of it himself.
There are few states where the governor has not at some time or another
been compelled to make use of this power. Mobs sometimes break into
jails and take out prisoners and lynch them; and sometimes strike riots
occur in mining or manufacturing communities, in which cases the
governor may be called upon to send troops to the scene of the
disturbance and keep them there until quiet and order have been
restored.
_Power to Suspend the Writ of Habeas Corpus._--A usual part of the
governor's military power is the right to suspend the writ of habeas
corpus in communities where great disorders prevail, that is, to suspend
the power of the courts to release prisoners charged with violations of
the law, thus leaving unhampered the power of the military authorities
to restrain persons they may imprison. This power, however, is one which
might be grossly abused; therefore many state constitutions forbid the
suspension of the writ except under extraordinary conditions, and a
few, indeed, permit it to be suspended only by the legislature.
_The Military Forces of the State_ consist usually of a number of
regiments of citizen soldiers, who are organized, uniformed, and
officered after the manner of the regular army of the United States, who
attend an annual encampment for purposes of drill and practice, and who
must always be ready to respond to the call of the governor. At the head
of the state militia is an officer called the adjutant general, through
whom the military orders of the government are issued and carried out.
The governor also has a military staff which accompanies him on
occasions of ceremony such as the inauguration of the President of the
United States, grand army reviews, and the like.
=The Pardoning Power.=--In every state the governor is vested with the
power of pardoning offenders against the laws of the state, but in most
states the exercise of the power is subject to restrictions. The purpose
of vesting this power in the governor is to make it possible to correct
the errors of courts and juries, as where subsequent to the conviction
evidence is brought to light showing that the person convicted is
innocent, and has been wrongfully convicted, or where it becomes evident
before the full penalty has been paid that the offender has been
sufficiently punished and should be released.
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