Democracy in America — Volume 1Tocqueville, Alexis de
History
Democracy in America — Volume 1
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
It was never assumed in the United States that the citizen of a free
country has a right to do whatever he pleases; on the contrary, social
obligations were there imposed upon him more various than anywhere
else. No idea was ever entertained of attacking the principles or of
contesting the rights of society; but the exercise of its authority was
divided, to the end that the office might be powerful and the officer
insignificant, and that the community should be at once regulated and
free. In no country in the world does the law hold so absolute a
language as in America, and in no country is the right of applying it
vested in so many hands. The administrative power in the United States
presents nothing either central or hierarchical in its constitution,
which accounts for its passing, unperceived. The power exists, but its
representative is not to be perceived.
We have already seen that the independent townships of New England
protect their own private interests; and the municipal magistrates are
the persons to whom the execution of the laws of the State is most
frequently entrusted. *i Besides the general laws, the State sometimes
passes general police regulations; but more commonly the townships and
town officers, conjointly with justices of the peace, regulate the
minor details of social life, according to the necessities of the
different localities, and promulgate such enactments as concern the
health of the community, and the peace as well as morality of the
citizens. *j Lastly, these municipal magistrates provide, of their own
accord and without any delegated powers, for those unforeseen
emergencies which frequently occur in society. *k
i
[ 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 the Sunday; the
tything-men, who are town-officers, are specially 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 February 24, 1796: Id., vol. i. p. 488.]
j
[ Thus, for instance, the selectmen authorize 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 June 7,
1785: Id., vol. i. p. 193.]
k
[ The selectmen take measures for the security of the public in case of
contagious diseases, conjointly with the justices of the peace. See Act
of June 22, 1797, vol. i. p. 539.]
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