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Democracy in America — Volume 1

Alexis de Tocqueville · ca. 1830-1835

passage 55 of 354 · Book One > Act of February 20, 1786, vol. i. p. 219; February 24, 1796, vol. i. p. (8/8)

↪ you wandered here via “centralized administration single authority” — the connecting lines are tinted below

in brief
Tocqueville explains that in Massachusetts administrative authority is largely township-based but divided among multiple functionaries, with little above-town trace of a chain of dignitaries, and limited county interference.

magistrates, *m but in general the authorities of the county have no right to interfere with the authorities of the township, *n except in such matters as concern the county.

l [ I say almost, for there are various circumstances in the annals of a township which are regulated by the justice of the peace in his individual capacity, or by the justices of the peace assembled in the chief town of the county; thus licenses are granted by the justices. See the Act of February 28, 1787, vol. i. p. 297.]

m [ Thus licenses are only granted to such persons as can produce a certificate of good conduct from the selectmen. If the selectmen refuse to give the certificate, the party may appeal to the justices assembled in the Court of Sessions, and they may grant the license. See Act of March 12, 1808, vol. ii. p. 186.

The townships have the right to make by-laws, and to enforce them by fines which are fixed by law; but these by-laws must be approved by the Court of Sessions. See Act of March 23, 1786, vol. i. p. 254.]

n [ In Massachusetts the county magistrates are frequently called upon to investigate the acts of the town magistrates; but it will be shown further on that this investigation is a consequence, not of their administrative, but of their judicial power.]

The magistrates of the township, as well as those of the county, are bound to communicate their acts to the central government in a very small number of predetermined cases. *o But the central government is not represented by an individual whose business it is to publish police regulations and ordinances enforcing the execution of the laws; to keep up a regular communication with the officers of the township and the county; to inspect their conduct, to direct their actions, or to reprimand their faults. There is no point which serves as a centre to the radii of the administration.

o [ The town committees of schools are obliged to make an annual report to the Secretary of the State on the condition of the school. See Act of March 10, 1827, vol. iii. p. 183.]

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topics: counsel and advisers to rulers · empire and the rule of provinces · justice as a virtue

Democracy in America — Volume 1 · Alexis de Tocqueville · 1830–1835