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 results from what we have said that in the State of Massachusetts
the administrative authority is almost entirely restricted to the
township, *l but that it is distributed among a great number of
individuals. In the French commune there is properly but one official
functionary, namely, the Maire; and in New England we have seen that
there are nineteen. These nineteen functionaries do not in general
depend upon one another. The law carefully prescribes a circle of
action to each of these magistrates; and within that circle they have
an entire right to perform their functions independently of any other
authority. Above the township scarcely any trace of a series of
official dignitaries is to be found. It sometimes happens that the
county officers alter a decision of the townships or town magistrates,
*m but in general the authorities of the county have no right to
interfere with the authorities of the township, *n except in such
matters as concern the county.
l
[ 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 February 28, 1787, vol. i. p. 297.]
m
[ Thus licenses are only granted to such persons as can produce a
certificate of good conduct from the selectmen. If the selectmen refuse
to give the certificate, the party may appeal to the justices assembled
in the Court of Sessions, and they may grant the license. See Act of
March 12, 1808, vol. ii. p. 186.
The townships have the right to make by-laws, and to enforce them by
fines which are fixed by law; but these by-laws must be approved by the
Court of Sessions. See Act of March 23, 1786, vol. i. p. 254.]
n
[ In Massachusetts the county magistrates are frequently called upon to
investigate the acts of the town magistrates; but it will be shown
further on that this investigation is a consequence, not of their
administrative, but of their judicial power.]
The magistrates of the township, as well as those of the county, are
bound to communicate their acts to the central government in a very
small number of predetermined cases. *o But the central government is
not represented by an individual whose business it is to publish police
regulations and ordinances enforcing the execution of the laws; to keep
up a regular communication with the officers of the township and the
county; to inspect their conduct, to direct their actions, or to
reprimand their faults. There is no point which serves as a centre to
the radii of the administration.
o
[ The town committees of schools are obliged to make an annual report
to the Secretary of the State on the condition of the school. See Act
of March 10, 1827, vol. iii. p. 183.]
Chapter V: Necessity Of Examining The Condition Of The States—Part II
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