ence. In America the people is a master
whose exigencies 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 townships, 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 everything that exceeds the simple and
ordinary executive business of the State. *b
[Footnote b: 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 the sanction of a law.--See the
Act of February 22, 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' Register.]
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 further on; but the larger proportion of
administrative power is vested in the hands of a small number of
individuals, called "the Selectmen." *c The general laws of the State
impose a certain number of obligations on the selectmen, which they may
fulfil without the authorization of the body they represent, 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 their
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 recognized
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 pow
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