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
elected officers, *r 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 *s of
public officers. *t 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 entrusted to any one of them in particular. *u In
all that concerns county business the duties of the Court of Sessions
are 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, *v or as a guarantee to the community over which it
presides. But when the administration of the township is brought before
it, it always acts as a judicial body, and in some few cases as an
official assembly.
p
[ We shall hereafter learn what a Governor is: I shall content myself
with remarking in this place that he represents the executive power of
the whole State.]
q
[ See the Constitution of Massachusetts, chap. II. sect. 1. Section 9;
chap. III. Section 3.]
r
[ Thus, for example, a stranger arrives in a township from a country
where a contagious disease prevails, and he falls ill. Two justices of
the peace can, with the assent of the selectmen, order the sheriff of
the county to remove and take care of him.—Act of June 22, 1797, vol.
i. p. 540.
In general the justices interfere in all the important acts of the
administration, and give them a semi-judicial character.] [Footnote s:
I say the greater number, because certain administrative misdemeanors
are brought before ordinary tribunals. If, for instance, a township
refuses to make the necessary expenditure for its schools or to name a
school-committee, it is liable to a heavy fine. But this penalty is
pronounced by the Supreme Judicial Court or the Court of Common Pleas.
See Act of March 10, 1827, Laws of Massachusetts, vol. iii. p. 190. Or
when a township neglects to provide the necessary war-stores.—Act of
February 21, 1822: Id., vol. ii. p. 570.]
t
[ In their individual capacity the justices of the peace take a part in
the business of the counties and townships.] [Footnote u: These affairs
may be brought under the following heads:—1. The erection of prisons
and courts of justice. 2. The county budget, which is afterwards voted
by the State. 3. The distribution of the taxes so voted. 4. Grants of
certain patents. 5. The laying down and repairs of the country roads.]
Public-domain text, read in full here on John Shaqi.
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