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$Title{Democracy In America
Chapter V: Necessity Of Examining The Condition Of The States - Part I}
$Subtitle{}
$Author{De Tocqueville, Alexis}
$Affiliation{}
$Subject{township
state
new
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government
townships
authority
power
states
general}
$Date{1899}
$Log{}
Title:       Democracy In America
Book:        Volume I
Author:      De Tocqueville, Alexis
Date:        1899
Translation: Reeve, Henry

Chapter V: Necessity Of Examining The Condition Of The States - Part I

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
focuses of action, which may not inaptly 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 municipal independence - Its importance - Why the Author has
selected the township system of New England as the main topic of his
discussion.

     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 is not the fruit of human device;
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.  Town-meetings
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 organization of the counties and townships of the United States
rests, 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 further 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; ^a so that, on the one hand, the interests of its inhabitants are
not likely to conflict, and, on the other, men capable of conducting its
affairs are always to be found among its citizens.

[Footnote a: 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.]

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
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 power.  If, for instance, a school is to be
established, the selectmen convoke the whole body of the 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.

[Footnote c: 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 February 20, 1786, vol. i. p. 219; February 24, 1796, vol. i. p.
488; March 7, 1801, vol. ii. p. 45; June 16, 1795, vol. i. p. 475; March 12,
1808, vol. ii. p. 186; February 28, 1787, vol. i. p. 302; June 22, 1797, vol.
i. p. 539.]

     The selectmen have alone the right of calling a town-meeting, but they
may be requested to do so: if ten 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. ^d

[Footnote d: See Laws of Massachusetts, vol. i. p. 150, Act of March 25,
1786.]

     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 other municipal magistrates,
who are entrusted 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 further subdivided; and amongst 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. ^e

[Footnote e: 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.]

     There are nineteen principal officers in a township.  Every inhabitant is
constrained, on the pain of being fined, to undertake these different
functions; which, however, are almost all paid, in order that the poorer
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 those doctrines in the
townships of America - The township of New England is sovereign in all that
concerns itself alone: subject to the State in all other matters - Bond of the
township and the State - In France the Government lends its agent 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 recognized 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 recognize 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 have, on the contrary, forfeited 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 amongst 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, sue or are sued, 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 organized 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 levied
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 gives to
it a real importance which its extent and population may not always ensure.

     It is to be remembered that the affections of men generally lie on the
side of authority.  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 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; everyone agrees that there is no surer guarantee of order and
tranquility, 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 country 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 whole
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
unfrequent.  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 or 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 countries 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 connection, no common tradition or natural sympathy; their object is
simply to facilitate the administration of justice.

     The extent of the township was too small to contain a system of judicial
institutions; each county has, however, a court of justice, ^f 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 ^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
administrative functions - Informers encouraged by the division of fines.

     Nothing is more striking to an European traveller in the United States
than the absence of what we term the 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 peoples 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
dose 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 paralyzing its efforts, but in distributing the exercise of its
privileges in various hands, and in multiplying functionaries, to each of whom
the degree of power necessary for him to perform his duty is entrusted.  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
dignified taste for freedom, and 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 perceived.

     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
entrusted. ^i Besides the general laws, the State sometimes passes general
police regulations; but more commonly the townships and town officers,
conjointly with 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. ^j Lastly, these municipal magistrates provide,
of their own accord and without any delegated powers, for those unforeseen
emergencies which frequently occur in society. ^k

[Footnote i: 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 the Sunday; the tything-men, who
are town-officers, are specially 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 February 24, 1796: Id., vol. i. p. 488.]

[Footnote j: Thus, for instance, the selectmen authorize 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 June 7, 1785: Id., vol. i.
p. 193.]

[Footnote k: The selectmen take measures for the security of the public in
case of contagious diseases, conjointly with the justices of the peace.  See
Act of June 22, 1797, vol. i. p. 539.]

     It results from what we have said that in the State of Massachusetts the
administrative authority is almost entirely restricted to the township, ^l 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 dignitaries is to be found.  It sometimes happens that the county
officers alter a decision of the townships or town 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.

[Footnote 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.]

[Footnote 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.]

[Footnote 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.

[Footnote 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.]