American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
[65] The same rules are not applicable to the great towns, which
generally have a mayor, and a corporation divided into two bodies; this,
however, is an exception which requires a sanction of a law. See the
act of 22d February, 1822, for appointing the authorities of the city
of Boston. It frequently happens that small towns as well as cities
are subject to a peculiar administration. In 1832, 104 townships in the
state of New York were governed in this manner.--_Williams's Register_.
[66] Three selectmen are appointed in the small townships, and nine in
the large ones. See "The Town Officer," p. 186. See also the principal
laws of the state of Massachusetts relative to the selectmen:--
Act of the 20th February, 1786, vol. i, p. 219; 24th February, 1796,
vol. i., p. 488, 7th March, 1801, vol. ii., p. 45; 16th June, 1795, vol.
i., p. 475; 12th March, 1808, vol. ii., p. 186; 28th February, 1787,
vol. i., p. 302; 22d June, 1797, vol. i., p. 539.
[67] See laws of Massachusetts, vol. i., p. 150 Act of the 25th March,
1786.
[68] All these magistrates actually exist; their different functions
are all detailed in a book called, "The Town Officer," by Isaac
Goodwin, Worcester, 1827; and in the Collection of the General Laws of
Massachusetts, 3 vols., Boston, 1823.
[69] See the act of 14th February, 1821. Laws of Massachusetts, vol i.,
p. 551.
[70] See the act of 20th February, 1819. Laws of Massachusetts, vol ii.,
p. 494.
[71] The council of the governor is an elective body.
[72] See the act of 2d November, 1791. Laws of Massachusetts, vol i., p.
61.
[73] See "The Town Officer," especially at the words SELECTMEN,
ASSESSORS, COLLECTORS, SCHOOLS, SURVEYORS OF HIGHWAYS. I take one
example in a thousand: the state prohibits travelling on a Sunday; the
_tything-men_, who are town-officers, are especially charged to keep
watch and to execute the law. See the laws of Massachusetts, vol. i., p.
410. The selectmen draw up the lists of electors for the election of the
governor, and transmit the result of the ballot to the secretary of the
state. See act of 24th February, 1796; _Ib_., vol. i., p. 488.
[74] Thus, for instance, the selectmen authorise the construction of
drains, point out the proper sites for slaughter-houses and other trades
which are a nuisance to the neighborhood. See the act of 7th June, 1735;
Laws of Massachusetts, vol. i., p. 193.
[75] The selectmen take measures for the security of the public in case
of contagious disease, conjointly with the justices of the peace. See
the act of 22d June, 1797; vol. i., p. 539.
[76] I say _almost_, for there are various circumstances in the annals
of a township which are regulated by the justice of the peace in his
individual capacity, or by the justices of the peace, assembled in the
chief town of the county; thus licenses are granted by the justices. See
the act of 28th Feb., 1787; vol. i., p. 297.
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