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
I have already observed that the administrative tribunal, which is
called the Court of Sessions, has no right of inspection over the town
officers. It can only interfere when the conduct of a magistrate is
specially brought under its notice; and this is the delicate part of
the system. The Americans of New England are unacquainted with the
office of public prosecutor in the Court of Sessions, *a and it may
readily be perceived that it could not have been established without
difficulty. If an accusing magistrate had merely been appointed in the
chief town of each county, and if he had been unassisted by agents in
the townships, he would not have been better acquainted with what was
going on in the county than the members of the Court of Sessions. But
to appoint agents in each township would have been to centre in his
person the most formidable of powers, that of a judicial
administration. Moreover, laws are the children of habit, and nothing
of the kind exists in the legislation of England. The Americans have
therefore divided the offices of inspection and of prosecution, as well
as all the other functions of the administration. Grand jurors are
bound by the law to apprise the court to which they belong of all the
misdemeanors which may have been committed in their county. *b There
are certain great offences which are officially prosecuted by the
States; *c but more frequently the task of punishing delinquents
devolves upon the fiscal officer, whose province it is to receive the
fine: thus the treasurer of the township is charged with the
prosecution of such administrative offences as fall under his notice.
But a more special appeal is made by American legislation to the
private interest of the citizen; *d and this great principle is
constantly to be met with in studying the laws of the United States.
American legislators are more apt to give men credit for intelligence
than for honesty, and they rely not a little on personal cupidity for
the execution of the laws. When an individual is really and sensibly
injured by an administrative abuse, it is natural that his personal
interest should induce him to prosecute. But if a legal formality be
required, which, however advantageous to the community, is of small
importance to individuals, plaintiffs may be less easily found; and
thus, by a tacit agreement, the laws may fall into disuse. Reduced by
their system to this extremity, the Americans are obliged to encourage
informers by bestowing on them a portion of the penalty in certain
cases, *e and to insure the execution of the laws by the dangerous
expedient of degrading the morals of the people. The only
administrative authority above the county magistrates is, properly
speaking, that of the Government.
a
[ I say the Court of Sessions, because in common courts there is a
magistrate who exercises some of the functions of a public prosecutor.]
Public-domain text, read in full here on John Shaqi.
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