democracy in america-1-第21节
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husetts 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
