按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
ainted 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。
＇Footnote 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。＇
＇Footnote 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。＇
＇Footnote 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。＇
＇Footnote 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。
I have already premised that； after having examined the constitution of the township and the county of New England in detail； I should take a general view of the remainder of the Union。 Townships and a local activity exist in every State； but in no part of the confederation is a township to be met with precisely similar to those of New England。 The more we descend towards the South； the less active does the business of the township or parish become； the number of magistrates； of functions； and of rights decreases； the population exercises a less immediate influence on affairs； town meetings are less frequent； and the subjects of debate less numerous。 The power of the elected magistrate is augmented and that of the elector diminished； whilst the public spirit of the local communities is less awakened and less influential。 *f These differences may be perceived to a certain extent in the State of New York； they are very sensible in Pennsylvania； but they become less striking as we advance to the northwest。 The majority of the emigrants who settle in the northwestern States are natives of New England； and they carry the habits of their mother country with them into that which they adopt。 A township in Ohio is by no means dissimilar from a township in Massachusetts。
＇Footnote f： For details see the Revised Statutes of the State of New York； part i。 chap。 xi。 vol。 i。 pp。 336…364； entitled； 〃Of the Powers； Duties； and Privileges of Towns。〃
See in the Digest of the Laws of Pennsylvania； the words Assessors； Collector； Constables； Overseer of the Poor； Supervisors of Highways； and in the Acts of a general nature of the State of Ohio； the Act of February 25； 1834； relating to townships； p。 412； besides the peculiar dispositions relating to divers town…officers； such as Township's Clerk； Trustees； Overseers of the Poor； Fence Viewers； Appraisers of Property； Township's Treasurer； Constables； Supervisors of Highways。＇
We have seen that in Massachusetts the mainspring of public administration lies in the township。 It forms the common centre of the interests and affections of the citizens。 But this ceases to be the case as we descend to States in which knowledge is less generally diffused； and where the township consequently offers fewer guarantees of a wise and active administration。 As we leave New England； therefore； we find that the importance of the town is gradually transferred to the county； which becomes the centre of administration； and the intermediate power between the Government and the citizen。 In Massachusetts the business of the county is conducted by the Court of Sessions； which is composed of a quorum named by the Governor and his council； but the county has no representative assembly； and its expenditure is voted by the national legislature。 In the great State of New York； on the contrary； and in those of Ohio and Pennsylvania； the inhabitants of each county choose a certain nu