It results from what we have said that in the State
of Massachusetts the administrative authority is almost
entirely restricted to the township, l but that
it is distributed among a great number of individuals.
In the French commune there is properly but one official
functionary, namely, the Maire; and in New England
we have seen that there are nineteen. These nineteen
functionaries do not in general depend upon one another.
The law carefully prescribes a circle of action to
each of these magistrates; and within that circle
they have an entire right to perform their functions
independently of any other authority. Above the
township scarcely any trace of a series of official
dignitaries is to be found. It sometimes happens
that the county officers alter a decision of the townships
or town magistrates, m but in general the authorities
of the county have no right to interfere with the authorities
of the township, n except in such matters as concern
the county.
[Footnote l: I say almost, for there are various
circumstances in the annals of a township which are
regulated by the justice of the peace in his individual
capacity, or by the justices of the peace assembled
in the chief town of the county; thus licenses are
granted by the justices. See the Act of February
28, 1787, vol. i. p. 297.]
[Footnote m: Thus licenses are only granted to
such persons as can produce a certificate of good
conduct from the selectmen. If the selectmen
refuse to give the certificate, the party may appeal
to the justices assembled in the Court of Sessions,
and they may grant the license. See Act of March
12, 1808, vol. ii. p. 186.
The townships have the right to make by-laws, and
to enforce them by fines which are fixed by law; but
these by-laws must be approved by the Court of Sessions.
See Act of March 23, 1786, vol. i. p. 254.]
[Footnote n: In Massachusetts the county magistrates
are frequently called upon to investigate the acts
of the town magistrates; but it will be shown further
on that this investigation is a consequence, not of
their administrative, but of their judicial power.]
The magistrates of the township, as well as those
of the county, are bound to communicate their acts
to the central government in a very small number of
predetermined cases. o But the central government
is not represented by an individual whose business
it is to publish police regulations and ordinances
enforcing the execution of the laws; to keep up a
regular communication with the officers of the township
and the county; to inspect their conduct, to direct
their actions, or to reprimand their faults.
There is no point which serves as a centre to the
radii of the administration.
[Footnote o: The town committees of schools are
obliged to make an annual report to the Secretary
of the State on the condition of the school.
See Act of March 10, 1827, vol. iii. p. 183.]
Chapter V: Necessity Of Examining The Condition Of The States—Part II
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Democracy in America — Volume 1 from Project Gutenberg. Public domain.
