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 form of 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 those 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 clue 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 in. aptly be compared to the different nervous centres which convey motion to the human body. The township is the lowest in 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.✻ 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 numer * [It is by this periphrasis that I attempt to render the French expressions' Commune' and 'Systeme 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 word 'parish,' now commonly used in England, belongs exclusively to the ecclesiastical division; it denotes the limits over which a parson's (persona ecclesiæ or perhaps parochianus) rights extend.-Translator's Note.] : ous 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 re-appear on the surface. In order to explain to the reader the general principles on which the political organizations 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 gen. eral to the English tithing, or town. Its average population is from two to three thousand ;✻ 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 citi. zens 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 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.† *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. † 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 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. 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 mi. nutely 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."✻ The general laws of the State impose a certain number of obliga. tions on the selectmen, which they may 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 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 power. If, for instance, a school is to be established, the select. men convoke the whole body of electors on a certain day at an ap pointed 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 have alone the right of calling a town-meeting; but they may be requested to do so: if the citizens are desirous of sub. mitting 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.† 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 muni. 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, vc!. ii. p. 186; 28th February, 1787, vol. i. p. 302; 22d June, 1797, vol. i. p. 539. † See laws of Massachusetts, vol. i. p. 150. Act of the 25th March, 1786. |