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AMERICAN INSTITUTIONS
CHAPTER V
THE COUNTIES OF NEW ENGLAND
ОглавлениеThe division of the counties 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 connexion, no common traditional or natural sympathy; their object is simply to facilitate the administration of public affairs.
The extent of the township was too small to contain a system of judicial institutions; each county has, however, a court of justice,69 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 advice70 of his council.71 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 only drawn up by its officers, and is voted by the legislature.72 There is no assembly which directly or indirectly represents the county; it has, therefore, properly speaking, no political existence.
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; but this distinct existence could only be fictitiously introduced into the county, where its utility had not been felt. 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.
69
See the act of 14th February, 1821. Laws of Massachusetts, vol i., p. 551.
70
See the act of 20th February, 1819. Laws of Massachusetts, vol ii., p. 494.
71
The council of the governor is an elective body.
72
See the act of 2d November, 1791. Laws of Massachusetts, vol i., p. 61.