ey should be satisfied by a central authority.
In the State of Massachusetts this authority is vested in the hands of
several magistrates, who are appointed by the Governor of the State,
with the advice *g of his council. *h The officers of the county have
only a limited and occasional authority, which is applicable to certain
predetermined cases. The State and the townships possess all the power
requisite to conduct public business. The budget of the county is drawn
up by its officers, and is voted by the legislature, but there is no
assembly which directly or indirectly represents the county. It has,
therefore, properly speaking, no political existence.
[Footnote f: See the Act of February 14, 1821, Laws of Massachusetts,
vol. i. p. 551.]
[Footnote g: See the Act of February 20, 1819, Laws of Massachusetts,
vol. ii. p. 494.]
[Footnote h: The council of the Governor is an elective body.] A twofold
tendency may be discerned in the American constitutions, which impels
the legislator to centralize the legislative and to disperse the
executive power. The township of New England has in itself an
indestructible element of independence; and this distinct existence
could only be fictitiously introduced into the county, where its
utility has not been felt. But all the townships united have but
one representation, which is the State, the centre of the national
authority: beyond the action of the township and that of the nation,
nothing can be said to exist but the influence of individual exertion.
Administration In New England
Administration not perceived in America--Why?--The Europeans believe
that liberty is promoted by depriving the social authority of some of
its rights; the Americans, by dividing its exercise--Almost all the
administration confined to the township, and divided amongst the
town-officers--No trace of an administrative body to be perceived,
either in the township or above it--The reason of this--How it happens
that the administration of the State is uniform--Who is empowered to
enforce the obedience of the township and the county to the law--The
introduction of judicial power into the administration--Consequence
of the extension of the elective 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
administrati
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