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democracy in america-1-第26章

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ple; to examine the mechanism of its constitution; and then to cast a general glance over the country。  The township and the county are not organized in the same manner in every part of the Union; it is; however; easy to perceive that the same principles have guided the formation of both of them throughout the Union。  I am inclined to believe that these principles have been carried further in New England than elsewhere; and consequently that they offer greater facilities to the observations of a stranger。  The institutions of New England form a complete and regular whole; they have received the sanction of time; they have the support of the laws; and the still stronger support of the manners of the community; over which they exercise the most prodigious influence; they consequently deserve our attention on every account。

Limits Of The Township

The township of New England is a division which stands between the commune and the canton of France; and which corresponds in general to the English tithing; or town。  Its average population is from two to three thousand; *a so that; on the one hand; the interests of its inhabitants are not likely to conflict; and; on the other; men capable of conducting its affairs are always to be found among its citizens。

'Footnote a: In 1830 there were 305 townships in the State of Massachusetts; and 610;014 inhabitants; which gives an average of about 2;000 inhabitants to each township。'

Authorities Of The Township In New England

The people the source of all power here as elsewhere … Manages its own affairs … No corporation … The greater part of the authority vested in the hands of the Selectmen … How the Selectmen act … Town…meeting … Enumeration of the public officers of the township …  Obligatory and remunerated functions。

In the township; as well as everywhere else; the people is the only source of power; but in no stage of government does the body of citizens exercise a more immediate influence。  In America the people is a master whose exigencies demand obedience to the utmost limits of possibility。

In New England the majority acts by representatives in the conduct of the public business of the State; but if such an arrangement be necessary in general affairs; in the townships; where the legislative and administrative action of the government is in more immediate contact with the subject; the system of representation is not adopted。  There is no corporation; but the body of electors; after having designated its magistrates; directs them in everything that exceeds the simple and ordinary executive business of the State。 *b

'Footnote b: The same rules are not applicable to the great towns; which generally have a mayor; and a corporation divided into two bodies; this; however; is an exception which requires the sanction of a law。 … See the Act of February 22; 1822; for appointing the authorities of the city of Boston。 It frequently happens that small towns as well as cities are subject to a peculiar administration。  In 1832; 104 townships in the State of New York were governed in this manner。 … Williams' Register。'

This state of things is so contrary to our ideas; and so different from our customs; that it is necessary for me to adduce some examples to explain it thoroughly。

The public duties in the township are extremely numerous and minutely divided; as we shall see further on; but the larger proportion of administrative power is vested in the hands of a small number of individuals; called 〃the Selectmen。〃 *c The general laws of the State impose a certain number of obligations on the selectmen; which they may fulfil without the authorization of the body they represent; but which they can only neglect on their own responsibility。  The law of the State obliges them; for instance; to draw up the list of electors in their townships; and if they omit this part of their functions; they are guilty of a misdemeanor。  In all the affairs; however; which are determined by the town…meeting; the selectmen are the organs of the popular mandate; as in France the Maire executes the decree of the municipal council。  They usually act upon their own responsibility; and merely put in practice principles which have been previously recognized by the majority。  But if any change is to be introduced in the existing state of things; or if they wish to undertake any new enterprise; they are obliged to refer to the source of their power。  If; for instance; a school is to be established; the selectmen convoke the whole body of the electors on a certain day at an appointed place; they explain the urgency of the case; they give their opinion on the means of satisfying it; on the probable expense; and the site which seems to be most favorable。  The meeting is consulted on these several points; it adopts the principle; marks out the site; votes the rate; and confides the execution of its resolution to the selectmen。

'Footnote c: Three selectmen are appointed in the small townships; and nine in the large ones。  See 〃The Town…Officer;〃 p。 186。  See also the principal laws of the State of Massachusetts relative to the selectmen:

Act of February 20; 1786; vol。 i。 p。 219; February 24; 1796; vol。 i。 p。 488; March 7; 1801; vol。 ii。 p。 45; June 16; 1795; vol。 i。 p。 475; March 12; 1808; vol。 ii。 p。 186; February 28; 1787; vol。 i。 p。 302; June 22; 1797; vol。 i。 p。 539。'

The selectmen have alone the right of calling a town…meeting; but they may be requested to do so: if ten citizens are desirous of submitting a new project to the assent of the township; they may demand a general convocation of the inhabitants; the selectmen are obliged to comply; but they have only the right of presiding at the meeting。 *d

'Footnote d: See Laws of Massachusetts; vol。 i。 p。 150; Act of March 25; 1786。'

The selectmen are elected every year in the month of April or of May。 The town…meeting chooses at the same time a number of other municipal magistrates; who are entrusted with important administrative functions。  The assessors rate the township; the collectors receive the rate。  A constable is appointed to keep the peace; to watch the streets; and to forward the execution of the laws; the town…clerk records all the town votes; orders; grants; births; deaths; and marriages; the treasurer keeps the funds; the overseer of the poor performs the difficult task of superintending the action of the poor…laws; committee…men are appointed to attend to the schools and to public instruction; and the road…surveyors; who take care of the greater and lesser thoroughfares of the township; complete the list of the principal functionaries。  They are; however; still further subdivided; and amongst the municipal officers are to be found parish commissioners; who audit the expenses of public worship; different classes of inspectors; some of whom are to direct the citizens in case of fire; tithing…men; listers; haywards; chimney…viewers; fence…viewers to maintain the bounds of property; timber…measurers; and sealers of weights and measures。 *e

'Footnote e: All these magistrates actually exist; their different functions are all detailed in a book called 〃The Town…Officer;〃 by Isaac Goodwin; Worcester; 1827; and in the 〃Collection of the
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