Democracy In America-1 [48]
If the government is defective (and it would no doubt be easy to point out its deficiencies), the fact that it really emanates from those it governs, and that it acts, either ill or well, casts the protecting spell of a parental pride over its faults. No term of comparison disturbs the satisfaction of the citizen: England formerly governed the mass of the colonies, but the people was always sovereign in the township where its rule is not only an ancient but a primitive state.
The native of New England is attached to his township because it is independent and free: his co-operation in its affairs ensures his attachment to its interest; the well-being it affords him secures his affection; and its welfare is the aim of his ambition and of his future exertions: he takes a part in every occurrence in the place; he practises the art of government in the small sphere within his reach; he accustoms himself to those forms which can alone ensure the steady progress of liberty; he imbibes their spirit; he acquires a taste for order, comprehends the union or the balance of powers, and collects clear practical notions on the nature of his duties and the extent of his rights.
The Counties Of New England
The division of the countries in America has considerable analogy with that of the arrondissements of France. The limits of the counties are arbitrarily laid down, and the various districts which they contain have no necessary connection, no common tradition or natural sympathy; their object is simply to facilitate the administration of justice.
The extent of the township was too small to contain a system of judicial institutions; each county has, however, a court of justice, *f a sheriff to execute its decrees, and a prison for criminals. There are certain wants which are felt alike by all the townships of a county; it is therefore natural that they should be satisfied by a central authority. In the State of Massachusetts this authority is vested in the hands of several magistrates, who are appointed by the Governor of the State, with the advice *g of his council. *h The officers of the county have only a limited and occasional authority, which is applicable to certain predetermined cases. The State and the townships possess all the power requisite to conduct public business. The budget of the county is drawn up by its officers, and is voted by the legislature, but there is no assembly which directly or indirectly represents the county. It has, therefore, properly speaking, no political existence.
[Footnote f: See the Act of February 14, 1821, Laws of Massachusetts, vol. i. p. 551.]
[Footnote g: See the Act of February 20, 1819, Laws of Massachusetts, vol. ii. p. 494.]
[Footnote h: The council of the Governor is an elective body.] A twofold tendency may be discerned in the American constitutions, which impels the legislator to centralize the legislative and to disperse the executive power. The township of New England has in itself an indestructible element of independence; and this distinct existence could only be fictitiously introduced into the county, where its utility has not been felt. But all the townships united have but one representation, which is the State, the centre of the national authority: beyond the action of the township and that of the nation, nothing can be said to exist but the influence of individual exertion.
Administration In New England
Administration not perceived in America - Why? - The Europeans believe that liberty is promoted by depriving the social authority of some of its rights; the Americans, by dividing its exercise - Almost all the administration confined to the township, and divided amongst the town-officers - No trace of an administrative body to be perceived, either in the township or above it -The reason of this - How it happens that the administration of the State is uniform - Who is empowered to enforce the obedience of the township and the county to the law - The introduction of judicial power into the administration - Consequence of the extension of the elective
The native of New England is attached to his township because it is independent and free: his co-operation in its affairs ensures his attachment to its interest; the well-being it affords him secures his affection; and its welfare is the aim of his ambition and of his future exertions: he takes a part in every occurrence in the place; he practises the art of government in the small sphere within his reach; he accustoms himself to those forms which can alone ensure the steady progress of liberty; he imbibes their spirit; he acquires a taste for order, comprehends the union or the balance of powers, and collects clear practical notions on the nature of his duties and the extent of his rights.
The Counties Of New England
The division of the countries in America has considerable analogy with that of the arrondissements of France. The limits of the counties are arbitrarily laid down, and the various districts which they contain have no necessary connection, no common tradition or natural sympathy; their object is simply to facilitate the administration of justice.
The extent of the township was too small to contain a system of judicial institutions; each county has, however, a court of justice, *f a sheriff to execute its decrees, and a prison for criminals. There are certain wants which are felt alike by all the townships of a county; it is therefore natural that they should be satisfied by a central authority. In the State of Massachusetts this authority is vested in the hands of several magistrates, who are appointed by the Governor of the State, with the advice *g of his council. *h The officers of the county have only a limited and occasional authority, which is applicable to certain predetermined cases. The State and the townships possess all the power requisite to conduct public business. The budget of the county is drawn up by its officers, and is voted by the legislature, but there is no assembly which directly or indirectly represents the county. It has, therefore, properly speaking, no political existence.
[Footnote f: See the Act of February 14, 1821, Laws of Massachusetts, vol. i. p. 551.]
[Footnote g: See the Act of February 20, 1819, Laws of Massachusetts, vol. ii. p. 494.]
[Footnote h: The council of the Governor is an elective body.] A twofold tendency may be discerned in the American constitutions, which impels the legislator to centralize the legislative and to disperse the executive power. The township of New England has in itself an indestructible element of independence; and this distinct existence could only be fictitiously introduced into the county, where its utility has not been felt. But all the townships united have but one representation, which is the State, the centre of the national authority: beyond the action of the township and that of the nation, nothing can be said to exist but the influence of individual exertion.
Administration In New England
Administration not perceived in America - Why? - The Europeans believe that liberty is promoted by depriving the social authority of some of its rights; the Americans, by dividing its exercise - Almost all the administration confined to the township, and divided amongst the town-officers - No trace of an administrative body to be perceived, either in the township or above it -The reason of this - How it happens that the administration of the State is uniform - Who is empowered to enforce the obedience of the township and the county to the law - The introduction of judicial power into the administration - Consequence of the extension of the elective