CHAPTER V.

NECESSITY OF EXAMINING THE CONDITION OF THE STATES BEFORE THAT OF THE

UNION AT LARGE.

It is proposed to examine in the following chapter, what is the form of

government established in America on the principle of the sovereignty of

the people; what are its resources, its hindrances, its advantages, and

its dangers. The first difficulty which presents itself arises from the

complex nature of the constitution of the United States, which consists

of two distinct social structures, connected, and, as it were, encased,

one within the other; two governments, completely separate, and almost

independent, the one fulfilling the ordinary duties, and responding to

the daily and indefinite calls of a community, the other circumscribed

within certain limits, and only exercising an exceptional authority over

the general interests of the country. In short, there are twenty-four

small sovereign nations, whose agglomeration constitutes the body of the

Union. To examine the Union before we have studied the states, would be

to adopt a method filled with obstacles. The Federal government of the

United States was the last which was adopted; and it is in fact nothing

more than a modification or a summary of these republican principles

which were current in the whole community before it existed, and

independently of its existence. Moreover, the federal government is, as

I have just observed, the exception; the government of the states is the

rule. The author who should attempt to exhibit the picture as a whole,

before he had explained its details, would necessarily fall into

obscurity and repetition.

The great political principles which govern American society at this

day, undoubtedly took their origin and their growth in the state. It

is therefore necessary to become acquainted with the state in order to

possess a clew to the remainder. The states which at present compose

the American Union, all present the same features as far as regards the

external aspect of their institutions. Their political or administrative

existence is centred in three foci of action, which may not inaptly be

compared to the different nervous centres which convey motion to the

human body. The township is in the lowest order, then the county, and

lastly the state; and I propose to devote the following chapter to the

examination of these three divisions.

* * * * *

THE AMERICAN SYSTEM OF TOWNSHIPS AND MUNICIPAL BODIES.[63]

Why the Author begins the Examination of the Political Institutions with

the Township.--Its Existence in all Nations.--Difficulty of Establishing

and Preserving Independence.--Its Importance.--Why the Author has

selected the Township System of New England as the main Object of his

Inquiry.

It is not undesignedly that I begin this subject with the township.

The village or township is the only association which is so perfectly

natural, that wherever a number of men are collected, it seems to

constitute itself.

The town, or tithing, as the smallest division of a community, must

necessarily exist in all nations, whatever their laws and customs

may be: if man makes monarchies, and establishes republics, the first

association of mankind seems constituted by the hand of God. But

although the existence of the township is coeval with that of man, its

liberties are not the less rarely respected and easily destroyed. A

nation is always able to establish great political assemblies, because

it habitually contains a certain number of individuals fitted by their

talents, if not by their habits, for the direction of affairs. The

township is, on the contrary, composed of coarser materials, which are

less easily fashioned by the legislator. The difficulties which attend

the consolidation of its independence rather augment than diminish with

the increasing enlightenment of the people. A highly-civilized community

spurns the attempts of a local independence, is disgusted at its

numerous blunders, and is apt to despair of success before the

experiment is completed. Again, no immunities are so ill-protected from

the encroachments of the supreme power as those of municipal bodies in

general: they are unable to struggle, single-handed, against a strong

or an enterprising government, and they cannot defend their cause with

success unless it be identified with the customs of the nation and

supported by public opinion. Thus, until the independence of townships

is amalgamated with the manners of a people, it is easily destroyed;

and it is only after a long existence in the laws that it can be thus

amalgamated. Municipal freedom eludes the exertions of man; it is rarely

created; but it is, as it were, secretly and spontaneously engendered in

the midst of a semi-barbarous state of society. The constant action of

the laws and the national habits, peculiar circumstances, and above

all, time, may consolidate it; but there is certainly no nation on the

continent of Europe which has experienced its advantages. Nevertheless,

local assemblies of citizens constitute the strength of free nations.

Municipal institutions are to liberty what primary schools are to

science; they bring it within the people's reach, they teach men how

to use and how to enjoy it. A nation may establish a system of free

government, but without the spirit of municipal institutions it cannot

have the spirit of liberty. The transient passions, and the interests of

an hour, or the chance of circumstances, may have created the external

forms of independence; but the despotic tendency which has been repelled

will, sooner or later, inevitably reappear on the surface.

In order to explain to the reader the general principles on which the

political organisations of the counties and townships of the United

States rest, I have thought it expedient to choose one of the states of

New England as an example, 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

farther 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;[64] so that, on the one hand, the interests of the

inhabitants are not likely to conflict, and, on the other, men capable

of conducting its affairs are always to be found among its citizens.

* * * * *

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 exigences 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 township, 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 anything that exceeds the simple and

ordinary executive business of the state.[65]

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 farther on; but the large proportion of

administrative power is vested in the hands of a small number of

individuals called "the selectmen."[66]

The general laws of the state impose a certain number of obligations on

the selectmen, which may they fulfil without the authorization of

the body they govern, 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 the 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 recognised 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 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.

The selectmen alone have the right of calling a town-meeting; but they

may be requested to do so: if the 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.[67]

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 municipal

magistrates, who are intrusted 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 farther subdivided; and among 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.[68]

There are nineteen principal offices in a township. Every inhabitant

is constrained, on pain of being fined, to undertake these different

functions; which, however, are almost all paid, in order that the poor

citizens may be able to give up their time without loss. In general the

American system is not to grant a fixed salary to its functionaries.

Every service has its price, and they are remunerated in proportion to

what they have done.

* * * * *

EXISTENCE OF THE TOWNSHIP.

Every one the best Judge of his own Interest.--Corollary of the

Principle of the Sovereignty of the People.--Application of these

Doctrines in the Townships of America.--The Township of New England is

Sovereign in that which concerns itself alone; subject to the State

in all other matters.--Bond of Township and the State.--In France the

Government lends its Agents to the _Commune_.--In America the Reverse

occurs.

I have already observed, that the principle of the sovereignty of the

people governs the whole political system of the Anglo-Americans. Every

page of this book will afford new instances of the same doctrine. In

the nations by which the sovereignty of the people is recognised, every

individual possesses an equal share of power, and participates alike in

the government of the state. Every individual is therefore supposed

to be as well informed, as virtuous, and as strong, as any of his

fellow-citizens. He obeys the government, not because he is inferior to

the authorities which conduct it, or that he is less capable than his

neighbor of governing himself, but because he acknowledges the utility

of an association with his fellow-men, and because he knows that no such

association can exist without a regulating force. If he be a subject

in all that concerns the mutual relations of citizens, he is free and

responsible to God alone for all that concerns himself. Hence arises the

maxim that every one is the best and the sole judge of his own private

interest, and that society has no right to control a man's actions,

unless they are prejudicial to the common weal, or unless the common

weal demands his co-operation. This doctrine is universally admitted in

the United States. I shall hereafter examine the general influence which

it exercises on the ordinary actions of life: I am now speaking of the

nature of municipal bodies.

The township, taken as a whole, and in relation to the government of the

country, may be looked upon as an individual to whom the theory I

have just alluded to is applied. Municipal independence is therefore a

natural consequence of the principle of the sovereignty of the people in

the United States, all the American republics recognise it more or less;

but circumstances have peculiarly favored its growth in New England.

In this part of the Union the impulsion of political activity was given

in the townships; and it may almost be said that each of them originally

formed an independent nation. When the kings of England asserted their

supremacy, they were contented to assume the central power of the state.

The townships of New England remained as they were before; and although

they are now subject to the state, they were at first scarcely dependent

upon it. It is important to remember that they have not been invested

with privileges, but that they seem, on the contrary, to have

surrendered a portion of their independence to the state. The townships

are only subordinate to the state in those interests which I shall term

_social_, as they are common to all the citizens. They are independent

in all that concerns themselves; and among the inhabitants of New

England I believe that not a man is to be found who would acknowledge

that the state has any right to interfere in their local interests. The

towns of New England buy and sell, prosecute or are indicted, augment

or diminish their rates, without the slightest opposition on the part of

the administrative authority of the state.

They are bound, however, to comply with the demands of the community. If

the state is in need of money, a town can neither give nor withhold the

supplies. If the state projects a road, the township cannot refuse to

let it cross its territory; if a police regulation is made by the state,

it must be enforced by the town. A uniform system of instruction is

organised all over the country, and every town is bound to establish the

schools which the law ordains. In speaking of the administration of the

United States, I shall have occasion to point out the means by which the

townships are compelled to obey in these different cases: I here merely

show the existence of the obligation. Strict as this obligation is,

the government of the state imposes it in principle only, and in its

performance the township resumes all its independent rights. Thus,

taxes are voted by the state, but they are assessed and collected by

the township; the existence of a school is obligatory, but the township

builds, pays, and superintends it. In France the state collector

receives the local imposts; in America the town collector receives the

taxes of the state. Thus the French government lends its agents to the

commune; in America, the township is the agent of the government. This

fact alone shows the extent of the differences which exist between the

two nations.

* * * * *

PUBLIC SPIRIT OF THE TOWNSHIPS OF NEW ENGLAND.

How the Township of New England wins the Affections of its

Inhabitants.--Difficulty of creating local public Spirit in

Europe.--The Rights and Duties of the American Township favorable to

it.--Characteristics of Home in the United States.--Manifestations of

public Spirit in New England.--Its happy Effects.

In America, not only do municipal bodies exist, but they are kept alive

and supported by public spirit. The township of New England possesses

two advantages which infallibly secure the attentive interest of

mankind, namely, independence and authority. Its sphere is indeed small

and limited, but within that sphere its action is unrestrained; and its

independence would give to it a real importance, even if its extent and

population did not ensure it.

It is to be remembered that the affections of men are generally turned

only where there is strength. Patriotism is not durable in a conquered

nation. The New Englander is attached to his township, not only because

he was born in it, but because it constitutes a strong and free social

body of which he is a member, and whose government claims and deserves

the exercise of his sagacity. In Europe, the absence of local public

spirit is a frequent subject of regret to those who are in power; every

one agrees that there is no surer guarantee of order and tranquillity,

and yet nothing is more difficult to create. If the municipal bodies

were made powerful and independent, the authorities of the nation might

be disunited, and the peace of the country endangered. Yet, without

power and independence, a town may contain good subjects, but it can

have no active citizens. Another important fact is, that the township

of New England is so constituted as to excite the warmest of human

affections, without arousing the ambitious passions of the heart of man.

The officers of the county are not elected, and their authority is very

limited. Even the state is only a second-rate community, whose tranquil

and obscure administration offers no inducement sufficient to draw

men away from the circle of their interests into the turmoil of public

affairs. The federal government confers power and honor on the men who

conduct it; but these individuals can never be very numerous. The high

station of the presidency can only be reached at an advanced period of

life; and the other federal functionaries are generally men who have

been favored by fortune, or distinguished in some other career. Such

cannot be the permanent aim of the ambitious. But the township serves

as a centre for the desire of public esteem, the want of exciting

interests, and the taste for authority and popularity, in the midst of

the ordinary relations of life: and the passions which commonly embroil

society, change their character when they find a vent so near the

domestic hearth and the family circle.

In the American states power has been disseminated with admirable skill,

for the purpose of interesting the greatest possible number of persons

in the common weal. Independently of the electors who are from time to

time called into action, the body politic is divided into innumerable

functionaries and officers, who all, in their several spheres, represent

the same powerful corporation in whose name they act. The local

administration thus affords an unfailing source of profit and interest

to a vast number of individuals.

The American system, which divides the local authority among so many

citizens, does not scruple to multiply the functions of the town

officers. For in the United States, it is believed, and with truth,

that patriotism is a kind of devotion, which is strengthened by ritual

observance. In this manner the activity of the township is continually

perceptible; it is daily manifested in the fulfilment of a duty, or the

exercise of a right; and a constant though gentle motion is thus kept up

in society which animates without disturbing it.

The American attaches himself to his home, as the mountaineer clings to

his hills, because the characteristic features of his country are there

more distinctly marked than elsewhere. The existence of the townships

of New England is in general a happy one. Their government is suited

to their tastes, and chosen by themselves. In the midst of the profound

peace and general comfort which reign in America, the commotions of

municipal discord are infrequent. The conduct of local business is easy.

The political education of the people has long been complete; say rather

that it was complete when the people first set foot upon the soil. In

New England no tradition exists of a distinction of ranks; no portion of

the community is tempted to oppress the remainder; and the abuses which

may injure isolated individuals are forgotten in the general contentment

which prevails. 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 of 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 counties 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 connexion, no common traditional or natural sympathy; their

object is simply to facilitate the administration of public affairs.

The extent of the township was too small to contain a system of judicial

institutions; each county has, however, a court of justice,[69] 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[70] of his council.[71] 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 only drawn up by its officers, and is voted by the legislature.[72]

There is no assembly which directly or indirectly represents the county;

it has, therefore, properly speaking, no political existence.

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; but this distinct existence

could only be fictitiously introduced into the county, where its utility

had not been felt. 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 among the town

Officers.--No trace of an administrative Hierarchy 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 Principle

to all Functionaries.--The Justice of the Peace in New England.--By

whom Appointed.--County Officer.--Ensures the Administration of the

Townships.--Court of Sessions.--Its Action.--Right of Inspection

and Indictment disseminated like the other administrative

Functions.--Informers encouraged by the division of Fines.

Nothing is more striking to a European traveller in the United States

than the absence of what we term government, or the administration.

Written laws exist in America, and one sees that they are daily

executed; but although everything is in motion, the hand which gives the

impulse to the social machine can nowhere be discovered. Nevertheless,

as all people are obliged to have recourse to certain grammatical forms,

which are the foundation of human language, in order to express their

thoughts; so all communities are obliged to secure their existence by

submitting to a certain portion of authority, without which they fall a

prey to anarchy. This authority may be distributed in several ways, but

it must always exist somewhere.

There are two methods of diminishing the force of authority in a nation.

The first is to weaken the supreme power in its very principle, by

forbidding or preventing society from acting in its own defence under

certain circumstances. To weaken authority in this manner is what is

generally termed in Europe to lay the foundations of freedom.

The second manner of diminishing the influence of authority does not

consist in stripping society of any of its rights, nor in paralysing

its efforts, but in distributing the exercise of its privileges among

various hands, and in multiplying functionaries, to each of whom the

degree of power necessary for him to perform his duty is intrusted.

There may be nations whom this distribution of social powers might lead

to anarchy; but in itself it is not anarchical. The action of authority

is indeed thus rendered less irresistible, and less perilous, but it is

not totally suppressed.

The revolution of the United States was the result of a mature and

deliberate taste for freedom, not of a vague or ill-defined craving for

independence. It contracted no alliance with the turbulent passions of

anarchy; but its course was marked, on the contrary, by an attachment to

whatever was lawful and orderly.

It was never assumed in the United States that the citizen of a free

country has a right to do whatever he pleases: on the contrary, social

obligations were there imposed upon him more various than anywhere

else; no idea was ever entertained of attacking the principles, or of

contesting the rights of society; but the exercise of its authority was

divided, to the end that the office might be powerful and the officer

insignificant, and that the community should be at once regulated

and free. In no country in the world does the law hold so absolute a

language as in America; and in no country is the right of applying it

vested in so many hands. The administrative power in the United States

presents nothing either central or hierarchical in its constitution,

which accounts for its passing unperceived. The power exists, but its

representative is not to be discerned.

We have already seen that the independent townships of New England

protect their own private interests; and the municipal magistrates

are the persons to whom the execution of the laws of the state is most

frequently intrusted.[73] Beside the general laws, the state sometimes

passes general police regulations; but more commonly the townships and

town officers, conjointly with the justices of the peace, regulate

the minor details of social life, according to the necessities of the

different localities, and promulgate such enactments as concern the

health of the community, and the peace as well as morality of the

citizens.[74] Lastly, these municipal magistrates provide of their

own accord and without any delegated powers, for those unforeseen

emergencies which frequently occur in society.[75]

It results, from what we have said, that in the state of Massachusetts

the administrative authority is almost entirely restricted to the

township,[76] 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 dignities

is to be found. It sometimes happens that the county officers alter a

decision of the townships, or town magistrates,[77] but in general

the authorities of the county have no right to interfere with the

authorities of the township,[78] except in such matters as concern the

county.

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.[79] 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 reprimand

their faults. There is no point which serves as a centre to the radii of

the administration.

What, then, is the uniform plan on which the government is conducted,

and how is the compliance of the counties and their magistrates, or the

townships and their officers, enforced? In the states of New England the

legislative authority embraces more subjects than it does in France; the

legislator penetrates to the very core of the administration; the law

descends to the most minute details; the same enactment prescribes

the principle and the method of its application, and thus imposes a

multitude of strict and rigorously defined obligations on the secondary

functionaries of the state. The consequence of this is, that if all

the secondary functionaries of the administration conform to the law,

society in all its branches proceeds with the greatest uniformity; the

difficulty remains of compelling the secondary functionaries of the

administration to conform to the law. It may be affirmed that, in

general, society has only two methods of enforcing the execution of

the laws at its disposal; a discretionary power may be intrusted to a

superior functionary of directing all the others, and of cashiering them

in case of disobedience; or the courts of justice may be authorized to

inflict judicial penalties on the offender: but these two methods are

not always available.

The right of directing a civil officer pre-supposes that of cashiering

him if he does not obey orders, and of rewarding him by promotion if he

fulfils his duties with propriety. But an elected magistrate can neither

be cashiered nor promoted. All elective functions are inalienable until

their term is expired. In fact, the elected magistrate has nothing

either to expect or to fear from his constituents; and when all public

offices are filled by ballot, there can be no series of official

dignities, because the double right of commanding and of enforcing

obedience can never be vested in the same individual, and because the

power of issuing an order can never be joined to that of inflicting a

punishment or bestowing a reward.

The communities therefore in which the secondary functionaries of

the government are elected, are perforce obliged to make great use of

judicial penalties as a means of administration. This is not evident at

first sight; for those in power are apt to look upon the institution

of elective functionaries as one concession, and the subjection of

the elective magistrate to the judges of the land as another. They

are equally averse to both these innovations; and as they are more

pressingly solicited to grant the former than the latter, they accede

to the election of the magistrate, and leave him independent of the

judicial power. Nevertheless, the second of these measures is the only

thing that can possibly counter-balance the first; and it will be found

that an elective authority which is not subject to judicial power will,

sooner or later, either elude all control or be destroyed. The courts of

justice are the only possible medium between the central power and the

administrative bodies; they alone can compel the elected functionary

to obey, without violating the rights of the elector. The extension of

judicial power in the political world ought therefore to be in the exact

ratio of the extension of elective offices; if these two institutions

do not go hand in hand, the state must fall into anarchy or into

subjection.

It has always been remarked that habits of legal business do not render

men apt to the exercise of administrative authority. The Americans have

borrowed from the English, their fathers, the idea of an institution

which is unknown upon the continent of Europe: I allude to that of

justices of the peace.

The justice of the peace is a sort of _mezzo termine_ between the

magistrate and the man of the world, between the civil officer and the

judge. A justice of the peace is a well-informed citizen, though he is

not necessarily versed in the knowledge of the laws. His office simply

obliges him to execute the police regulations of society; a task in

which good sense and integrity are of more avail than legal science.

The justice introduces into the administration a certain taste for

established forms and publicity, which renders him a most unserviceable

instrument of despotism; and, on the other hand, he is not blinded

by those superstitions which render legal officers unfit members of a

government. The Americans have adopted the system of English justices

of the peace, but they have deprived it of that aristocratic

character which is discernible in the mother-country. The governor of

Massachusetts[80] appoints a certain number of justices of the peace

in every county, whose functions last seven years.[81] He farther

designates three individuals from among the whole body of justices, who

form in each county what is called the court of sessions. The justices

take a personal share in public business; they are sometimes intrusted

with administrative functions in conjunction with elected officers;[82]

they sometimes constitute a tribunal, before which the magistrates

summarily prosecute a refractory citizen or the citizens inform against

the abuses of the magistrate. But it is in the court of sessions that

they exercise their most important functions. This court meets twice a

year in the county town; in Massachusetts it is empowered to enforce the

obedience of the greater number[83] of public officers.[84] It must be

observed that in the state of Massachusetts the court of sessions is

at the same time an administrative body, properly so called, and a

political tribunal. It has been asserted that the county is a purely

administrative division. The court of sessions presides over that small

number of affairs which, as they concern several townships, or all the

townships of the county in common, cannot be intrusted to any of them in

particular.[85]

In all that concerns county business, the duties of the court

of sessions are therefore purely administrative; and if in its

investigations it occasionally borrows the forms of judicial procedure,

it is only with a view to its own information,[86] or as a guarantee to

the community over which it presides. But when the administration of the

township is brought before it, it almost always acts as a judicial body,

and in some few cases as an administrative assembly.

The first difficulty is to procure the obedience of an authority so

entirely independent of the general laws of the state as the township

is. We have stated that assessors are annually named by the town

meetings, to levy the taxes. If a township attempts to evade the payment

of the taxes by neglecting to name its assessors, the court of sessions

condemns it to a heavy penalty.[87] The fine is levied on each of

the inhabitants; and the sheriff of the county, who is an officer of

justice, executes the mandate. Thus it is that in the United States the

authority of the government is mysteriously concealed under the forms of

a judicial sentence; and the influence is at the same time fortified by

that irresistible power with which men have invested the formalities of

law.

These proceedings are easy to follow, and to understand. The demands

made upon a township are in general plain and accurately defined; they

consist in a simple fact without any complication, or in a principle

without its application in detail.[88] But the difficulty increases when

it is not the obedience of the township, but that of the town officers,

which is to be enforced. All the reprehensible actions of which a public

functionary may be guilty are reducible to the following heads:

He may execute the law without energy or zeal;

He may neglect to execute the law;

He may do what the law enjoins him not to do.

The last two violations of duty can alone come under the cognizance of

a tribunal; a positive and appreciable fact is the indispensable

foundation of an action at law. Thus, if the selectmen omit to fulfil

the legal formalities usual to town elections, they may be condemned to

pay a fine;[89] but when the public officer performs his duty without

ability, and when he obeys the letter of the law without zeal or energy,

he is at least beyond the reach of judicial interference. The court of

sessions, even when it is invested with its administrative powers, is

in this case unable to compel him to a more satisfactory obedience. The

fear of removal is the only check to these quasi offences; and as the

court of sessions does not originate the town authorities, it cannot

remove functionaries whom it does not appoint. Moreover, a perpetual

investigation would be necessary to convict the subordinate officer of

negligence or lukewarmness; and the court of sessions sits but twice

a year, and then only judges such offences as are brought before its

notice. The only security for that active and enlightened obedience,

which a court of justice cannot impose upon public officers, lies in

the possibility of their arbitrary removal. In France this security is

sought for in powers exercised by the heads of the administration; in

America it is sought for in the principle of election.

Thus, to recapitulate in a few words what I have been showing:--

If a public officer in New England commits a crime in the exercise of

his functions, the ordinary courts of justice are always called upon to

pass sentence upon him.

If he commits a fault in his official capacity, a purely administrative

tribunal is empowered to punish him; and, if the affair is important or

urgent, the judge supplies the omission of the functionary.[90]

Lastly, if the same individual is guilty of one of those intangible

offences, of which human justice has no cognizance, he annually appears

before a tribunal from which there is no appeal, which can at once

reduce him to insignificance, and deprive him of his charge. This system

undoubtedly possesses great advantages, but its execution is attended

with a practical difficulty which it is important to point out.

I have already observed, that the administrative tribunal, which is

called the court of sessions, has no right of inspection over the town

officers. It can only interfere when the conduct of a magistrate is

specially brought under its notice; and this is the delicate part of the

system. The Americans of New England are unacquainted with the office

of public prosecutor in the court of sessions,[91] and it may readily be

perceived that it could not have been established without difficulty.

If an accusing magistrate had merely been appointed in the chief town of

each county, and if he had been unassisted by agents in the townships,

he would not have been better acquainted 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

officers of inspection and of prosecution as well as all the other

functions of the administration. Grand-jurors are bound by the law to

apprize the court to which they belong of all the misdemeanors which

may have been committed in their county.[92] There are certain great

offences which are officially prosecuted by the state;[93] 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 especial appeal is made

by American legislation to the private interest of the citizen,[94] 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 might 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;[95] and to ensure 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.

* * * * *

GENERAL REMARKS ON THE ADMINISTRATION OF THE UNITED STATES.

Difference of the States of the Union in their Systems of

Administration.--Activity and Perfection of the local Authorities

decreases towards the South.--Power of the Magistrates 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 promised 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 in New England. The

more we descend toward 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 debates less numerous. The power of the elected magistrate is

augmented, and that of the elector diminished, while the public spirit

of the local communities is less awakened and less influential.[96]

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.

We have seen that in Massachusetts the principal part of the 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 town 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[97] 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 number of representatives, who constitute the

assembly of the county.[98] The county assembly has the right of taxing

the inhabitants to a certain extent; and in this respect it enjoys the

privileges of a real legislative body: at the same time it exercises an

executive power in the county, frequently directs the administration of

the townships, and restricts their authority within much narrower bounds

than in Massachusetts.

Such are the principal differences which the systems of county and town

administration present in the federal states. Were it my intention to

examine the provisions of American law minutely, I should have to point

out still farther differences in the executive details of the several

communities. But what I have already said may suffice to show the

general principles on which the administration of the United States

rests. These principles are differently applied; their consequences

are more or less numerous in various localities; but they are always

substantially the same. The laws differ, and their outward features

change, but their character does not vary. If the township and the

county are not everywhere constituted in the same manner, it is at least

true that in the United States the county and the township are always

based upon the same principle, namely, that every one is the best judge

of what concerns himself alone, and the person most able to supply his

private wants. The township and the county are therefore bound to take

care of their special interests: the state governs, but it does not

interfere with their administration. Exceptions to this rule may be met

with, but not a contrary principle.

The first consequence of this doctrine has been to cause all the

magistrates to be chosen either by, or at least from among the citizens.

As the officers are everywhere elected or appointed for a certain

period, it has been impossible to establish the rules of a dependent

series of authorities; there are almost as many independent

functionaries as there are functions, and the executive power is

disseminated in a multitude of hands. Hence arose the indispensable

necessity of introducing the control of the courts of justice over the

administration, and the system of pecuniary penalties, by which the

secondary bodies and their representatives are constrained to obey the

laws. The system obtains from one end of the Union to the other. The

power of punishing the misconduct of public officers, or of performing

the part of the executive, in urgent cases, has not, however, been

bestowed on the same judges in all the states. The Anglo-Americans

derived the institution of justices of the peace from a common source;

but although it exists in all the states, it is not always turned to

the same use. The justices of the peace everywhere participate in the

administration of the townships and the counties,[99] either as public

officers or as the judges of public misdemeanors, but in most of the

states the more important classes of public offences come under the

cognisance of the ordinary tribunals.

The election of public officers, or the inalienability of their

functions, the absence of a gradation of powers, and the introduction

of a judicial control over the secondary branches of the administration,

are the universal characteristics of the American system from Maine to

the Floridas. In some states (and that of New York has advanced most

in this direction) traces of a centralised administration begin to

be discernible. In the state of New York the officers of the central

government exercise, in certain cases, a sort of inspection of control

over the secondary bodies.[100] At other times they constitute a court

of appeal for the decision of affairs.[101] In the state of New York

judicial penalties are less used than in other parts as a means of

administration; and the right of prosecuting the offences of public

officers is vested in fewer hands.[102] The same tendency is faintly

observable in some other states;[103] but in general the prominent

feature of the administration in the United States is its excessive

local independence.

* * * * *

OF THE STATE.

I have described the townships and the administration: it now remains

for me to speak of the state and government. This is ground I may pass

over rapidly, without fear of being misunderstood; for all I have to say

is to be found in written forms of the various constitutions, which are

easily to be procured.[104] These constitutions rest upon a simple and

rational theory; their forms have been adopted by all constitutional

nations, and are become familiar to us.

In this place, therefore, it is only necessary for me to give a short

analysis; I shall endeavor afterward to pass judgment upon what I now

describe.

* * * * *

LEGISLATIVE POWER OF THE STATE.

Division of the Legislative Body into two Houses.--Senate.--House of

Representatives.--Different functions of these two Bodies.

The legislative power of the state is vested in two assemblies, the

first of which generally bears the name of the senate.

The senate is commonly a legislative body; but it sometimes becomes an

executive and judicial one. It takes a part in the government in several

ways, according to the constitution of the different states;[105] but

it is in the nomination of public functionaries that it most commonly

assumes an executive power. It partakes of judicial power in the trial

of certain political offences, and sometimes also in the decision of

certain civil cases.[106] The number of its members is always small. The

other branch of the legislature, which is usually called the house of

representatives, has no share whatever in the administration, and only

takes a part in the judicial power inasmuch as it impeaches public

functionaries before the senate.

The members of the two houses are nearly everywhere subject to the same

conditions of election. They are chosen in the same manner, and by the

same citizens.

The only difference which exists between them is, that the term for

which the senate is chosen, is in general longer than that of the house

of representatives. The latter seldom remain in office longer than a

year; the former usually sit two or three years.

By granting to the senators the privilege of being chosen for several

years, and being renewed seriatim, the law takes care to preserve in the

legislative body a nucleus of men already accustomed to public business,

and capable of exercising a salutary influence upon the junior members.

The Americans, plainly, did not desire, by this separation of the

legislative body into two branches, to make one house hereditary and the

other elective; one aristocratic and the other democratic. It was not

their object to create in the one a bulwark to power, while the

other represented the interests and passions of the people. The only

advantages which result from the present constitution of the United

States, are, the division of the legislative power, and the consequent

check upon political assemblies; with the creation of a tribunal of

appeal for the revision of the laws.

Time and experience, however, have convinced the Americans that if these

are its only advantages, the division of the legislative power is still

a principle of the greatest necessity. Pennsylvania was the only one of

the United States which at first attempted to establish a single

house of assembly; and Franklin himself was so far carried away by

the necessary consequences of the principle of the sovereignty of the

people, as to have concurred in the measure; but the Pennsylvanians

were soon obliged to change the law, and to create two houses. Thus

the principle of the division of the legislative power was finally

established, and its necessity may henceforward be regarded as a

demonstrated truth.

This theory, which was nearly unknown to the republics of

antiquity--which was introduced into the world almost by accident, like

so many other great truths--and misunderstood by several modern nations,

is at length become an axiom in the political science of the present

age.

* * * * *

THE EXECUTIVE POWER OF THE STATE.

Office of Governor in an American State.--The Place he occupies in

relation to the Legislature.--His Rights and his Duties.--His Dependence

on the People.

The executive power of the state may with truth be said to be

_represented_ by the governor, although he enjoys but a portion of its

rights. The supreme magistrate, under the title of governor, is the

official moderator and counsellor of the legislature. He is armed with

a suspensive veto, which allows him to stop, or at least to retard,

its movements at pleasure. He lays the wants of the country before

the legislative body, and points out the means which he thinks may be

usefully employed in providing for them; he is the natural executor

of its decrees in all the undertakings which interest the nation at

large.[107] In the absence of the legislature, the governor is bound to

take all necessary steps to guard the state against violent shocks and

unforeseen dangers.

The whole military power of the state is at the disposal of the

governor. He is commander of the militia and head of the armed force.

When the authority, which is by general consent awarded to the laws, is

disregarded, the governor puts himself at the head of the armed force of

the state, to quell resistance and to restore order.

Lastly, the governor takes no share in the administration of townships

and counties, except it be indirectly in the nomination of justices of

the peace, which nomination he has not the power to revoke.[108]

The governor is an elected magistrate, and is generally chosen for one

or two years only; so that he always continues to be strictly dependent

on the majority who returned him.

* * * * *

POLITICAL EFFECTS OF THE SYSTEM OF LOCAL ADMINISTRATION IN THE UNITED

STATES.

Necessary Distinction between the general Centralisation of

Government and the Centralisation of the local Administration.--Local

Administration not centralized in the United States; great general

Centralisation of the Government.--Some bad Consequences resulting

to the United States from the local Administration.--Administrative

Advantages attending the Order of things.--The Power which conducts the

Government is less regular, less enlightened, less learned, but

much greater than in Europe.--Political Advantages of this Order

of things.--In the United States the Interests of the Country are

everywhere kept in View.--Support given to the Government by the

Community.--Provincial Institutions more necessary in Proportion as the

social Condition becomes more democratic.--Reason of this.

Centralisation is become a word of general and daily use, without any

precise meaning being attached to it. Nevertheless, there exist two

distinct kinds of centralisation, which it is necessary to discriminate

with accuracy.

Certain interests are common to all parts of a nation, such as the

enactment of its general laws, and the maintenance of its foreign

relations. Other interests are peculiar to certain parts of the nation;

such, for instance, as the business of different townships. When the

power which directs the general interests is centred in one place, or

in the same persons, it constitutes a central government. The power of

directing partial or local interests, when brought together, in like

manner constitutes what may be termed a central administration.

Upon some points these two kinds of centralisation coalesce; but by

classifying the objects which fall more particularly within the province

of each of them, they may easily be distinguished.

It is evident that a central government acquires immense power when

united to administrative centralisation. Thus combined, it accustoms men

to set their own will habitually and completely aside; to submit, not

only for once or upon one point, but in every respect, and at all times.

Not only, therefore, does the union of power subdue them by force, but

it affects them in the ordinary habits of life, and influences each

individual, first separately, and then collectively.

These two kinds of centralisation mutually assist and attract each

other: but they must not be supposed to be inseparable. It is impossible

to imagine a more completely central government than that which existed

in France under Louis XIV.; when the same individual was the author and

the interpreter of the laws, and being the representative of France

at home and abroad, he was justified in asserting that the state was

identified with his person. Nevertheless, the administration was much

less centralized under Louis XIV., than it is at the present day.

In England the centralisation of the government is carried to great

perfection; the state has the compact vigor of a man, and by the

sole act of its will it puts immense engines in motion, and wields or

collects the efforts of its authority. Indeed, I cannot conceive that

a nation can enjoy a secure or prosperous existence without a powerful

centralisation of government. But I am of opinion that a central

administration enervates the nations in which it exists by incessantly

diminishing their public spirit. If such an administration succeeds

in condensing at a given moment on a given point all the disposable

resources of a people, it impairs at least the renewal of those

resources. It may ensure a victory in the hour of strife, but it

gradually relaxes the sinews of strength. It may contribute admirably

to the transient greatness of a man, but it cannot ensure the durable

prosperity of a people.

If we pay proper attention, we shall find that whenever it is said

that a state cannot act because it has no central point, it is the

centralisation of the government in which it is deficient. It is

frequently asserted, and we are prepared to assent to the proposition,

that the German empire was never able to bring all its powers into

action. But the reason was, that the state has never been able to

enforce obedience to its general laws, because the several members

of that great body always claimed the right, or found the means,

of refusing their co-operation to the representatives of the common

authority, even in the affairs which concerned the mass of the people;

in other words, because there was no centralisation of government.

The same remark is applicable to the middle ages; the cause of all the

confusion of feudal society was that the control, not only of local but

of general interests, was divided among a thousand hands, and broken

up in a thousand different ways; the absence of a central government

prevented the nations of Europe from advancing with energy in any

straightforward course.

We have shown that in the United States no central administration, and

no dependent series of public functionaries, exist. Local authority has

been carried to lengths which no European nation could endure without

great inconvenience, and which have even produced some disadvantageous

consequences in America. But in the United States the centralisation

of the government is complete; and it would be easy to prove that

the national power is more compact than it has ever been in the old

monarchies of Europe. Not only is there but one legislative body in each

state; not only does there exist but one source of political authority;

but numerous district assemblies and county courts have in general been

avoided, lest they should be tempted to exceed their administrative

duties and interfere with the government. In America the legislature

of each state is supreme; nothing can impede its authority; neither

privileges, nor local immunities, nor personal influence, nor even the

empire of reason, since it represents that majority which claims to be

the sole organ of reason. Its own determination is, therefore, the only

limit to its action. In juxtaposition to it, and under its immediate

control, is the representative of the executive power, whose duty it

is to constrain the refractory to submit by superior force. The only

symptom of weakness lies in certain details of the action of the

government. The American republics have no standing armies to intimidate

a discontented minority; but as no minority has as yet been reduced to

declare open war, the necessity of an army has not been felt. The state

usually employs the officers of the township or the county, to deal with

the citizens. Thus, for instance, in New England the assessor fixes the

rate of taxes; the collector receives them; the town treasurer transmits

the amount to the public treasury; and the disputes which may arise are

brought before the ordinary courts of justice. This method of collecting

taxes is slow as well as inconvenient, and it would prove a perpetual

hindrance to a government whose pecuniary demands were large. In general

it is desirable that in what ever materially affects its existence, the

government should be served by officers of its own, appointed by itself,

removable at pleasure, and accustomed to rapid methods of proceeding.

But it will always be easy for the central government, organized as it

is in America, to introduce new and more efficacious modes of action

proportioned to its wants.

The absence of a central government will not, then, as has often been

asserted, prove the destruction of the republics of the New World;

far from supposing that the American governments are not sufficiently

centralized, I shall prove hereafter that they are too much so. The

legislative bodies daily encroach upon the authority of the government,

and their tendency, like that of the French convention, is to

appropriate it entirely to themselves. Under these circumstances the

social power is constantly changing hands, because it is subordinate to

the power of the people, which is too apt to forget the maxims of wisdom

and of foresight in the consciousness of its strength: hence arises its

danger; and thus its vigor, and not its impotence, will probably be the

cause of its ultimate destruction.

The system of local administration produces several different effects in

America. The Americans seem to me to have outstepped the limits of sound

policy, in isolating the administration of the government; for order,

even in second-rate affairs, is a matter of national importance.[109] As

the state has no administrative functionaries of its own, stationed on

different parts of its territory, to whom it can give a common impulse,

the consequence is that it rarely attempts to issue any general police

regulations. The want of these regulations is severely felt, and is

frequently observed by Europeans. The appearance of disorder which

prevails on the surface, leads them at first to imagine that society is

in a state of anarchy; nor do they perceive their mistake till they have

gone deeper into the subject. Certain undertakings are of importance to

the whole state; but they cannot be put in execution, because there is

no national administration to direct them. Abandoned to the exertions

of the towns or counties, under the care of elected or temporary agents,

they lead to no result, or at least to no durable benefit.

The partisans of centralisation in Europe maintain that the government

directs the affairs of each locality better than the citizens could

do it for themselves: this may be true when the central power is

enlightened, and when the local districts are ignorant; when it is as

alert as they are slow; when it is accustomed to act, and they to obey.

Indeed, it is evident that this double tendency must augment with the

increase of centralisation, and that the readiness of the one, and the

incapacity of the others, must become more and more prominent. But I

deny that such is the case when the people is as enlightened, as awake

to its interests, and as accustomed to reflect on them, as the Americans

are. I am persuaded, on the contrary, that in this case the collective

strength of the citizens will always conduce more efficaciously to the

public welfare than the authority of the government. It is difficult to

point out with certainty the means of arousing a sleeping population,

and of giving it passions and knowledge which it does not possess; it

is, I am well aware, an arduous task to persuade men to busy themselves

about their own affairs; and it would frequently be easier to interest

them in the punctilios of court etiquette than in the repairs of their

common dwelling. But whenever a central administration affects to

supersede the persons most interested, I am inclined to suppose that

it is either misled, or desirous to mislead. However enlightened and

however skilful a central power may be, it cannot of itself embrace all

the details of the existence of a great nation. Such vigilance exceeds

the powers of man. And when it attempts to create and set in motion so

many complicated springs, it must submit to a very imperfect result, or

consume itself in bootless efforts.

Centralisation succeeds more easily, indeed, in subjecting the external

actions of men to a certain uniformity, which at last commands our

regard, independently of the objects to which it is applied, like those

devotees who worship the statue and forget the deity it represents.

Centralisation imparts without difficulty an admirable regularity to

the routine of business; rules the details of the social police

with sagacity; represses the smallest disorder and the most petty

misdemeanors; maintains society in a _status quo_, alike secure from

improvement and decline; and perpetuates a drowsy precision in the

conduct of affairs, which is hailed by the heads of the administration

as a sign of perfect order and public tranquillity;[110] in short, it

excels more in prevention than in action. Its force deserts it when

society is to be disturbed or accelerated in its course; and if once the

co-operation of private citizens is necessary to the furtherance of

its measures, the secret of its impotence is disclosed. Even while it

invokes their assistance, it is on the condition that they shall act

exactly as much as the government chooses, and exactly in the manner it

appoints. They are to take charge of the details, without aspiring to

guide the system; they are to work in a dark and subordinate sphere,

and only to judge the acts in which they have themselves co-operated, by

their results. These, however, are not conditions on which the alliance

of the human will is to be obtained; its carriage must be free, and its

actions responsible, or (such is the constitution of man) the citizen

had rather remain a passive spectator than a dependent actor in schemes

with which he is unacquainted.

It is undeniable, that the want of those uniform regulations which

control the conduct of every inhabitant of France is not unfrequently

felt in the United States. Gross instances of social indifference and

neglect are to be met with; and from time to time disgraceful blemishes

are seen, in complete contrast with the surrounding civilisation. Useful

undertakings, which cannot succeed without perpetual attention and

rigorous exactitude, are very frequently abandoned in the end; for in

America, as well as in other countries, the people is subject to sudden

impulses and momentary exertions. The European who is accustomed to find

a functionary always at hand to interfere with all he undertakes, has

some difficulty in accustoming himself to the complex mechanism of the

administration of the townships. In general it may be affirmed that the

lesser details of the police, which render life easy and comfortable,

are neglected in America; but that the essential guarantees of man in

society are as strong there as elsewhere. In America the power which

conducts the government is far less regular, less enlightened, and less

learned, but a hundredfold more authoritative, than in Europe. In no

country in the world do the citizens make such exertions for the common

weal; and I am acquainted with no people which has established schools

as numerous and as efficacious, places of public worship better suited

to the wants of the inhabitants, or roads kept in better repair.

Uniformity or permanence of design, the minute arrangement of

details,[111] and the perfection of an ingenious administration, must

not be sought for in the United States; but it will be easy to find,

on the other hand, the symptoms of a power, which, if it is somewhat

barbarous, is at least robust; and of an existence, which is checkered

with accidents indeed, but cheered at the same time by animation and

effort.

Granting for an instant that the villages and counties of the United

States would be more usefully governed by a remote authority, which

they had never seen, than by functionaries taken from the midst of

them--admitting, for the sake of argument, that the country would be

more secure, and the resources of society better employed, if the whole

administration centred in a single arm, still the _political_ advantages

which the Americans derive from their system would induce me to prefer

it to the contrary plan. It profits me but little, after all, that

a vigilant authority protects the tranquillity of my pleasures, and

constantly averts all danger from my path, without my care or my

concern, if the same authority is the absolute mistress of my liberty

and of my life, and if it so monopolises all the energy of existence,

that when it languishes everything languishes around it, that when it

sleeps everything must sleep, that when it dies the state itself must

perish.

In certain countries of Europe the natives consider themselves as a kind

of settlers, indifferent to the fate of the spot upon which they live.

The greatest changes are effected without their concurrence and (unless

chance may have apprised them of the event) without their knowledge; nay

more, the citizen is unconcerned as to the condition of his village, the

police of his street, the repairs of the church or the parsonage; for

he looks upon all these things as unconnected with himself, and as the

property of a powerful stranger whom he calls the government. He has

only a life-interest in these possessions, and he entertains no notions

of ownership or of improvement. This want of interest in his own

affairs goes so far, that if his own safety or that of his children is

endangered, instead of trying to avert the peril, he will fold his arms,

and wait till the nation comes to his assistance. This same individual,

who has so completely sacrificed his own free will, has no natural

propensity to obedience; he cowers, it is true, before the pettiest

officer; but he braves the law with the spirit of a conquered foe

as soon as its superior force is removed: his oscillations between

servitude and license are perpetual. When a nation has arrived at this

state, it must either change its customs and its laws, or perish: the

source of public virtue is dry; and though it may contain subjects,

the race of citizens is extinct. Such communities are a natural prey to

foreign conquest; and if they do not disappear from the scene of life,

it is because they are surrounded by other nations similar or inferior

to themselves; it is because the instinctive feeling of their country's

claims still exists in their hearts; and because an involuntary pride

in the name it bears, or the vague reminiscence of its by-gone fame,

suffices to give them the impulse of self-preservation.

Nor can the prodigious exertions made by certain people in the defence

of a country, in which they may almost be said to have lived as aliens,

be adduced in favor of such a system; for it will be found that in these

cases their main incitement was religion. The permanence, the glory, and

the prosperity of the nation, were become parts of their faith; and in

defending the country they inhabited, they defended that holy city of

which they were all citizens. The Turkish tribes have never taken

an active share in the conduct of the affairs of society, but they

accomplished stupendous enterprises as long as the victories of the

sultans were the triumphs of the Mohammedan faith. In the present

age they are in rapid decay, because their religion is departing, and

despotism only remains. Montesquieu, who attributed to absolute power an

authority peculiar to itself, did it, as I conceive, undeserved honor;

for despotism, taken by itself, can produce no durable results. On close

inspection we shall find that religion, and not fear, has ever been the

cause of the long-lived prosperity of absolute governments. Whatever

exertions may be made, no true power can be founded among men which does

not depend upon the free union of their inclinations; and patriotism

and religion are the only two motives in the world which can permanently

direct the whole of a body politic to one end.

Laws cannot succeed in rekindling the ardor of an extinguished faith;

but men may be interested in the fate of their country by the laws. By

this influence, the vague impulse of patriotism, which never abandons

the human heart, may be directed and revived: and if it be connected

with the thoughts, the passions and daily habits of life, it may be

consolidated into a durable and rational sentiment. Let it not be said

that the time for the experiment is already past; for the old age of

nations is not like the old age of men, and every fresh generation is a

new people ready for the care of the legislator.

It is not the _administrative_, but the _political_ effects of the local

system that I most admire in America. In the United States the interests

of the country are everywhere kept in view; they are an object of

solicitude to the people of the whole Union, and every citizen is as

warmly attached to them as if they were his own. He takes pride in the

glory of his nation; he boasts of his success, to which he conceives

himself to have contributed; and he rejoices in the general prosperity

by which he profits. The feeling he entertains toward the state is

analogous to that which unites him to his family, and it is by a kind of

egotism that he interests himself in the welfare of his country.

The European generally submits to a public officer because he represents

a superior force; but to an American he represents a right. In America

it may be said that no one renders obedience to man, but to justice

and to law. If the opinion which the citizen entertains of himself is

exaggerated, it is at least salutary; he unhesitatingly confides in his

own powers, which appear to him to be all-sufficient. When a private

individual meditates an undertaking, however directly connected it

may be with the welfare of society, he never thinks of soliciting the

co-operation of the government: but he publishes his plan, offers to

execute it himself, courts the assistance of other individuals, and

struggles manfully against all obstacles. Undoubtedly he is less

successful than the state might have been in his position; but in the

end, the sum of these private undertakings far exceeds all that the

government could effect.

As the administrative authority is within the reach of the citizens,

whom it in some degree represents, it excites neither their jealousy nor

their hatred: as its resources are limited, every one feels that he must

not rely solely on its assistance. Thus when the administration thinks

fit to interfere, it is not abandoned to itself as in Europe; the duties

of the private citizens are not supposed to have lapsed because the

state assists in their fulfilment; but every one is ready, on the

contrary, to guide and to support it. This action of individual

exertions, joined to that of the public authorities, frequently performs

what the most energetic central administration would be unable to

execute. It would be easy to adduce several facts in proof of what I

advance, but I had rather give only one, with which I am more thoroughly

acquainted.[112] In America, the means which the authorities have at

their disposal for the discovery of crimes and the arrest of criminals

are few. A state police does not exist, and passports are unknown. The

criminal police of the United States cannot be compared with that of

France; the magistrates and public prosecutors are not numerous, and the

examinations of prisoners are rapid and oral. Nevertheless in no country

does crime more rarely elude punishment. The reason is that every one

conceives himself to be interested in furnishing evidence of the act

committed, and in stopping the delinquent. During my stay in the United

States, I saw the spontaneous formation of committees for the pursuit

and prosecution of a man who had committed a great crime in a certain

county. In Europe a criminal is an unhappy being, who is struggling

for his life against the ministers of justice, while the population is

merely a spectator of the conflict: in America he is looked upon as an

enemy of the human race, and the whole of mankind is against him.

I believe that provincial institutions are useful to all nations, but

nowhere do they appear to me to be more indispensable than among a

democratic people. In an aristocracy, order can always be maintained in

the midst of liberty; and as the rulers have a great deal to lose, order

is to them a first-rate consideration. In like manner an aristocracy

protects the people from the excesses of despotism, because it always

possesses an organized power ready to resist a despot. But a democracy

without provincial institutions has no security against these evils. How

can a populace, unaccustomed to freedom in small concerns, learn to

use it temperately in great affairs? What resistance can be offered to

tyranny in a country where every private individual is impotent, and

where the citizens are united by no common tie? Those who dread the

license of the mob, and those who fear the rule of absolute power, ought

alike to desire the progressive growth of provincial liberties.

On the other hand, I am convinced that democratic nations are most

exposed to fall beneath the yoke of a central administration, for

several reasons, among which is the following:--

The constant tendency of these nations is to concentrate all the

strength of the government in the hands of the only power which directly

represents the people: because, beyond the people nothing is to be

perceived but a mass of equal individuals confounded together. But when

the same power is already in possession of all the attributes of the

government, it can scarcely refrain from penetrating into the details

of the administration; and an opportunity of doing so is sure to present

itself in the end, as was the case in France. In the French revolution

there were two impulses in opposite directions, which must never be

confounded; the one was favorable to liberty, the other to despotism.

Under the ancient monarchy the king was the sole author of the laws;

and below the power of the sovereign, certain vestiges of provincial

institutions half-destroyed, were still distinguishable. These

provincial institutions were incoherent, ill-compacted, and frequently

absurd; in the hands of the aristocracy they had sometimes been

converted into instruments of oppression. The revolution declared itself

the enemy of royalty and of provincial institutions at the same time;

it confounded all that had preceded it--despotic power and the checks to

its abuses--in an indiscriminate hatred; and its tendency was at once to

republicanism and to centralisation. This double character of the French

revolution is a fact which has been adroitly handled by the friends

of absolute power. Can they be accused of laboring in the cause of

despotism, when they are defending of the revolution?[113] In this

manner popularity may be conciliated with hostility to the rights of the

people, and the secret slave of tyranny may be the professed admirer of

freedom.

I have visited the two nations in which the system of provincial liberty

has been most perfectly established, and I have listened to the opinions

of different parties in those countries. In America I met with men who

secretly aspired to destroy the democratic institutions of the Union; in

England, I found others who attacked aristocracy openly; but I know of

no one who does not regard provincial independence as a great benefit.

In both countries I have heard a thousand different causes assigned for

the evils of the state; but the local system was never mentioned among

them. I have heard citizens attribute the power and prosperity of their

country to a multitude of reasons: but they _all_ placed the advantages

of local institutions in the foremost rank.

Am I to suppose that when men who are naturally so divided on religious

opinions, and on political theories, agree on one point (and that, one

of which they have daily experience), they are all in error? The only

nations which deny the utility of provincial liberties are those which

have fewest of them; in other words, those who are unacquainted with the

institution are the only persons who pass a censure upon it.

* * * * *

Notes:

[63] It is by this periphrasis that I attempt to render the French

expressions "_Commune_" and "_Système Communal_." I am not aware that

any English word precisely corresponds to the general term of the

original. In France every association of human dwellings forms a

_commune_, and every commune is governed by a _maire_ and a _conseil

municipal_. In other words, the _mancipium_ or municipal privilege,

which belongs in England to chartered corporations alone, is alike

extended to every commune into which the cantons and departments of

France were divided at the revolution. Thence the different application

of the expression, which is general in one country and restricted in the

other. In America, the counties of the northern states are divided into

townships, those of the southern into parishes; besides which, municipal

bodies, bearing the name of corporations, exist in the cities. I shall

apply these several expressions to render the term _commune_. The term

"parish," now commonly used in England, belongs exclusively to the

ecclesiastical division; it denotes the limits over which a

_parson's_ (_personae ecclesiae_ or perhaps _parochianus_) rights

extend.--_Translator's Note_.

[64] 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.

[65] 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 a sanction of a law. See the

act of 22d February, 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's Register_.

[66] 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 the 20th February, 1786, vol. i, p. 219; 24th February, 1796,

vol. i., p. 488, 7th March, 1801, vol. ii., p. 45; 16th June, 1795, vol.

i., p. 475; 12th March, 1808, vol. ii., p. 186; 28th February, 1787,

vol. i., p. 302; 22d June, 1797, vol. i., p. 539.

[67] See laws of Massachusetts, vol. i., p. 150 Act of the 25th March,

1786.

[68] 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 General Laws of

Massachusetts, 3 vols., Boston, 1823.

[69] See the act of 14th February, 1821. Laws of Massachusetts, vol i.,

p. 551.

[70] See the act of 20th February, 1819. Laws of Massachusetts, vol ii.,

p. 494.

[71] The council of the governor is an elective body.

[72] See the act of 2d November, 1791. Laws of Massachusetts, vol i., p.

61.

[73] See "The Town Officer," especially at the words SELECTMEN,

ASSESSORS, COLLECTORS, SCHOOLS, SURVEYORS OF HIGHWAYS. I take one

example in a thousand: the state prohibits travelling on a Sunday; the

_tything-men_, who are town-officers, are especially charged to keep

watch and to execute the law. See the laws of Massachusetts, vol. i., p.

410. The selectmen draw up the lists of electors for the election of the

governor, and transmit the result of the ballot to the secretary of the

state. See act of 24th February, 1796; _Ib_., vol. i., p. 488.

[74] Thus, for instance, the selectmen authorise the construction of

drains, point out the proper sites for slaughter-houses and other trades

which are a nuisance to the neighborhood. See the act of 7th June, 1735;

Laws of Massachusetts, vol. i., p. 193.

[75] The selectmen take measures for the security of the public in case

of contagious disease, conjointly with the justices of the peace. See

the act of 22d June, 1797; vol. i., p. 539.

[76] 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 28th Feb., 1787; vol. i., p. 297.

[77] 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 the act of

12th March, 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 the act of 23d March, 1786; vol. i., p. 254.

[78] In Massachusetts the county-magistrates are frequently called upon

to investigate the acts of the town-magistrates; but it will be shown

farther on that this investigation is a consequence, not of their

administrative, but of their judicial power.

[79] 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 the

act of 10th March, 1827; vol. iii., p. 183.

[80] We shall hereafter learn what a governor is; I shall content myself

with remarking in this place, that he represents the executive power of

the whole state.

[81] See the constitution of Massachusetts, chap ii., § 1; chap iii., §

3.

[82] Thus, for example, a stranger arrives in a township from a country

where a contagious disease prevails, and he falls ill. Two justices of

the peace can, with the assent of the selectmen, order the sheriff of

the county to remove and take care of him. Act of 22d June, 1797; vol.

i., p. 540.

In general the justices interfere in all the important acts of the

administration, and give them a semi-judicial character.

[83] I say the greater number because certain administrative

misdemeanors are brought before the ordinary tribunals. If, for

instance, a township refuses to make the necessary expenditure for its

schools, or to name a school-committee, it is liable to a heavy fine.

But this penalty is pronounced by the supreme judicial court or

the court of common pleas. See the act of 10th March, 1827; laws of

Massachusetts, vol. iii., p. 190. Or when a township neglects to provide

the necessary war-stores. Act of 21st February, 1822; Id. vol. ii., p.

570.

[84] In their individual capacity, the justices of the peace take a part

in the business of the counties and townships. The more important

acts of the municipal government are rarely decided upon without the

co-operation of one of their body.

[85] These affairs may be brought under the following heads: 1. The

erection of prisons and courts of justice. 2. The county budget, which

is afterward voted by the state. 3. The assessment of the taxes so

voted. 4. Grants of certain patents. 5. The laying down and repairs of

the county roads.

[86] Thus, when a road is under consideration, almost all difficulties

are disposed of by the aid of the jury.

[87] See the act of the 20th February, 1786; laws of Massachusetts, vol.

1., p. 217.

[88] There is an indirect method of enforcing the obedience of

a township. Suppose that the funds which the law demands for the

maintenance of the roads have not been voted; the town-surveyor is then

authorized, _ex-officio_, to levy the supplies. As he is personally

responsible to private individuals for the state of the roads, and

indictable before the court of sessions, he is sure to employ the

extraordinary right which the law gives him against the township. Thus

by threatening the officer, the court of sessions exacts compliance from

the town. See the act of 5th March, 1787; laws of Massachusetts, vol.

1., p. 305.

[89] Laws of Massachusetts, vol. 2., p. 45.

[90] If, for instance, a township persists in refusing to name its

assessors, the court of sessions nominates them; and the magistrates

thus appointed are invested with the same authority as elected officers

See the act quoted above, 20th February, 1787.

[91] I say the court of sessions, because in common courts there is a

magistrate who exercises some of the functions of a public prosecutor.

[92] 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.

[93] If, for instance, the treasurer of the county holds back his

account. Laws of Massachusetts, vol. i., p. 406.

[94] 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.

[95] 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 two to five hundred dollars.

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 the fine shall belong to the

plaintiff. See the act of 6th March, 1810; vol. ii., p. 236. The same

clause is frequently to be met with in the laws of Massachusetts. Not

only are private individuals thus incited to prosecute 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.

[96] For details, see 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

25th February, 1834, relating to townships, p. 412; beside the peculiar

dispositions relating to divers town officers, such as township's

clerks, trustees, overseers of the poor, fence-viewers, appraisers of

property, township's treasurer, constables, supervisors of highways.

[97] The author means the state legislature. The congress has no control

over the expenditure of the counties or of the states.

[98] See the Revised Statutes of the state of New York, part i., chap.

xi., vol. i., p. 410. _Idem_, chap, xii., p. 366: also in the acts

of the state of Ohio, an act relating to county commissioners, 26th

February, 1824, p. 263. See the Digest of the Laws of Pennsylvania, at

the words, COUNTY-RATES AND LEVIES, p. 170.

In the state of New York, each township elects a representative, who has

a share in the administration of the county as well as in that of the

township.

[99] In some of the southern states the county-courts are charged with

all the details of the administration. See the Statutes of the State of

Tennessee, _arts._ JUDICIARY, TAXES, &c.

[100] For instance, the direction of public instruction centres in

the hands of the government. The legislature names the members of

the university, who are denominated regents; the governor and

lieutenant-governor of the state are necessarily of the number. Revised

Statutes, vol. i., p. 455. The regents of the university annually visit

the colleges and academies, and make their report to the legislature.

Their superintendence is not inefficient, for several reasons: the

colleges in order to become corporations stand in need of a charter,

which is only granted on the recommendation of the regents: every year

funds are distributed by the state for the encouragement of learning,

and the regents are the distributors of this money. See chap. xv.,

"Public Instruction," Revised Statutes, vol i., p. 455.

The school commissioners are obliged to send an annual report to the

superintendent of the state. _Idem_, p. 448.

A similar report is annually made to the same person on the number and

condition of the poor. _Idem_, p. 631.

[101] If any one conceives himself to be wronged by the school

commissioners (who are town-officers), he can appeal to the

superintendent of the primary schools, whose decision is final. Revised

Statutes, vol. i., p. 487.

Provisions similar to those above cited are to be met with from time to

time in the laws of the state of New York: but in general these attempts

at centralisation are weak and unproductive. The great authorities of

the state have the right of watching and controlling the subordinate

agents, without that of rewarding or punishing them. The same individual

is never empowered to give an order and to punish disobedience; he

has therefore the right of commanding, without the means of exacting

compliance. In 1830 the superintendent of schools complained in

his annual report addressed to the legislature, that several school

commissioners had neglected, notwithstanding his application, to furnish

him with the accounts which were due. He added, that if this omission

continued, he should be obliged to prosecute them, as the law directs,

before the proper tribunals.

[102] Thus the district-attorney is directed to recover all fines,

unless such a right has been specially awarded to another magistrate.

Revised Statutes, vol. i., p. 383.

[103] Several traces of centralisation may be discovered in

Massachusetts, for instance, the committees of the town-schools are

directed to make an annual report to the secretary of state. See Laws of

Massachusetts, vol. i., p. 367.

[104] See the constitution of New York.

[105] In Massachusetts the Senate is not invested with any

administrative functions.

[106] As in the state of New York.

[107] Practically speaking, it is not always the governor who executes

the plans of the legislature; it often happens that the latter, in

voting a measure, names special agents to superintend the execution of

it.

[108] In some of the states the Justices of the peace are not nominated

by the governor.

[109] The authority which represents the state ought not, I think, to

waive the right of inspecting the local administration, even when it

does not interfere more actively. Suppose, for instance, that an agent

of the government was stationed at some appointed spot, in the county,

to prosecute the misdemeanors of the town and county officers, would not

a more uniform order be the result, without in any way compromising the

independence of the township? Nothing of the kind, however, exists in

America; there is nothing above the county courts, which have, as it

were, only an accidental cognizance of the offences they are meant to

repress.

[This note seems to have been written without reference to the provision

existing, it is believed in every state of the Union, by which a local

officer is appointed in each county, to conduct all public prosecutions

at the expense of the state. And in each county, a grand-jury is

assembled three or four times at least in every year, to which all who

are aggrieved have free access, and where every complaint, particularly

those against public officers, which has the least color of truth, is

sure to be heard and investigated.

Such an agent as the author suggests would soon come to be considered a

public informer, the most odious of all characters in the United States;

and he would lose all efficiency and strength. With the provision above

mentioned, there is little danger that a citizen, oppressed by a public

officer, would find any difficulty in becoming his own informer,

and inducing a rigid inquiry into the alleged misconduct.--_American

Editor_.]

[110] China appears to me to present the most perfect instance of that

species of well-being which a completely central administration may

furnish to the nations among which it exists. Travellers assure us that

the Chinese have peace without happiness, industry without improvement,

stability without strength, and public order without public morality.

The condition of society is always tolerable, never excellent. I am

convinced that, when China is opened to European observation, it will

be found to contain the most perfect model of a central administration

which exists in the universe.

[111] A writer of talent, who, in the comparison which he has drawn

between the finances of France and those of the United States, has

proved that ingenuity cannot always supply the place of a knowledge of

facts, very justly reproaches the Americans for the sort of confusion

which exists in the accounts of the expenditure in the townships; and

after giving the model of a departmental budget in France, he adds: "We

are indebted to centralisation, that admirable invention of a great

man, for the uniform order and method which prevail alike in all the

municipal budgets, from the largest town to the humblest commune."

Whatever may be my admiration of this result, when I see the communes of

France, with their excellent system of accounts, plunged in the grossest

ignorance of their true interests, and abandoned to so incorrigible

an apathy that they seem to vegetate rather than to live; when, on the

other hand, I observe the activity, the information, and the spirit of

enterprise which keeps society in perpetual labor, in those American

townships whose budgets are drawn up with small method and with still

less uniformity, I am struck by the spectacle; for to my mind the end

of a good government is to ensure the welfare of a people, and not

to establish order and regularity in the midst of its misery and its

distress. I am therefore led to suppose that the prosperity of the

American townships and the apparent confusion of their accounts, the

distress of the French communes and the perfection of their budget,

may be attributable to the same cause. At any rate I am suspicious of a

benefit which is united to so many evils, and I am not averse to an evil

which is compensated by so many benefits.

[112] See Appendix I.

[113] See Appendix K.

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