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
b
[ The grand-jurors are, for instance, bound to inform the court of the
bad state of the roads.—Laws of Massachusetts, vol. i. p. 308.]
c
[ If, for instance, the treasurer of the county holds back his
accounts.—Laws of Massachusetts, vol. i. p. 406.] [Footnote d: Thus, if
a private individual breaks down or is wounded in consequence of the
badness of a road, he can sue the township or the county for damages at
the sessions.—Laws of Massachusetts, vol. i. p. 309.]
e
[ In cases of invasion or insurrection, if the town-officers neglect to
furnish the necessary stores and ammunition for the militia, the
township may be condemned to a fine of from $200 to $500. It may
readily be imagined that in such a case it might happen that no one
cared to prosecute; hence the law adds that all the citizens may indict
offences of this kind, and that half of the fine shall belong to the
plaintiff. See Act of March 6, 1810, vol. ii. p. 236. The same clause
is frequently to be met with in the law of Massachusetts. Not only are
private individuals thus incited to prosecute the public officers, but
the public officers are encouraged in the same manner to bring the
disobedience of private individuals to justice. If a citizen refuses to
perform the work which has been assigned to him upon a road, the road
surveyor may prosecute him, and he receives half the penalty for
himself. See the Laws above quoted, vol. i. p. 308.]
General Remarks On The Administration Of The United States Differences
of the States of the Union in their system of administration—Activity
and perfection of the local authorities decrease towards the
South—Power of the magistrate increases; that of the elector
diminishes—Administration passes from the township to the county—States
of New York, Ohio, Pennsylvania—Principles of administration applicable
to the whole Union—Election of public officers, and inalienability of
their functions—Absence of gradation of ranks—Introduction of judicial
resources into the administration.
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