American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The justice of the peace is a sort of _mezzo termine_ between the
magistrate and the man of the world, between the civil officer and the
judge. A justice of the peace is a well-informed citizen, though he is
not necessarily versed in the knowledge of the laws. His office simply
obliges him to execute the police regulations of society; a task in
which good sense and integrity are of more avail than legal science.
The justice introduces into the administration a certain taste for
established forms and publicity, which renders him a most unserviceable
instrument of despotism; and, on the other hand, he is not blinded
by those superstitions which render legal officers unfit members of a
government. The Americans have adopted the system of English justices
of the peace, but they have deprived it of that aristocratic
character which is discernible in the mother-country. The governor of
Massachusetts[80] appoints a certain number of justices of the peace
in every county, whose functions last seven years.[81] He farther
designates three individuals from among the whole body of justices, who
form in each county what is called the court of sessions. The justices
take a personal share in public business; they are sometimes intrusted
with administrative functions in conjunction with elected officers;[82]
they sometimes constitute a tribunal, before which the magistrates
summarily prosecute a refractory citizen or the citizens inform against
the abuses of the magistrate. But it is in the court of sessions that
they exercise their most important functions. This court meets twice a
year in the county town; in Massachusetts it is empowered to enforce the
obedience of the greater number[83] of public officers.[84] It must be
observed that in the state of Massachusetts the court of sessions is
at the same time an administrative body, properly so called, and a
political tribunal. It has been asserted that the county is a purely
administrative division. The court of sessions presides over that small
number of affairs which, as they concern several townships, or all the
townships of the county in common, cannot be intrusted to any of them in
particular.[85]
In all that concerns county business, the duties of the court
of sessions are therefore purely administrative; and if in its
investigations it occasionally borrows the forms of judicial procedure,
it is only with a view to its own information,[86] or as a guarantee to
the community over which it presides. But when the administration of the
township is brought before it, it almost always acts as a judicial body,
and in some few cases as an administrative assembly.
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