democracy in america-1-第27节
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e other elective； one aristocratic and the other democratic。 It was not their object to create in the one a bulwark to power； whilst the other represented the interests and passions of the people。 The only advantages which result from the present constitution of the United States are the division of the legislative power and the consequent check upon political assemblies； with the creation of a tribunal of appeal for the revision of the laws。
Time and experience； however； have convinced the Americans that if these are its only advantages； the division of the legislative power is still a principle of the greatest necessity。 Pennsylvania was the only one of the United States which at first attempted to establish a single House of Assembly； and Franklin himself was so far carried away by the necessary consequences of the principle of the sovereignty of the people as to have concurred in the measure； but the Pennsylvanians were soon obliged to change the law； and to create two Houses。 Thus the principle of the division of the legislative power was finally established； and its necessity may henceforward be regarded as a demonstrated truth。 This theory； which was nearly unknown to the republics of antiquity … which was introduced into the world almost by accident； like so many other great truths … and misunderstood by several modern nations； is at length become an axiom in the political science of the present age。
＇See Benjamin Franklin＇
The Executive Power Of The State
Office of Governor in an American State … The place he occupies in relation to the Legislature … His rights and his duties … His dependence on the people。
The executive power of the State may with truth be said to be represented by the Governor； although he enjoys but a portion of its rights。 The supreme magistrate； under the title of Governor； is the official moderator and counsellor of the legislature。 He is armed with a veto or suspensive power； which allows him to stop； or at least to retard； its movements at pleasure。 He lays the wants of the country before the legislative body； and points out the means which he thinks may be usefully employed in providing for them； he is the natural executor of its decrees in all the undertakings which interest the nation at large。 *o In the absence of the legislature； the Governor is bound to take all necessary steps to guard the State against violent shocks and unforeseen dangers。 The whole military power of the State is at the disposal of the Governor。 He is the commander of the militia； and head of the armed force。 When the authority； which is by general consent awarded to the laws； is disregarded； the Governor puts himself at the head of the armed force of the State； to quell resistance； and to restore order。 Lastly； the Governor takes no share in the administration of townships and counties； except it be indirectly in the nomination of Justices of the Peace； which nomination he has not the power to cancel。 *p The Governor is an elected magistrate； and is generally chosen for one or two years only； so that he always continues to be strictly dependent upon the majority who returned him。
＇Footnote o： Practically speaking； it is not always the Governor who executes the plans of the Legislature； it often happens that the latter； in voting a measure； names special agents to superintend the execution of it。＇
＇Footnote p： In some of the States the justices of the peace are not elected by the Governor。＇
Political Effects Of The System Of Local Administration In The United States
Necessary distinction between the general centralization of Government and the centralization of the local administration … Local administration not centralized in the United States： great general centralization of the Government … Some bad consequences resulting to the United States from the local administration … Administrative advantages attending this order of things … The power which conducts the Government is less regular； less enlightened； less learned； but much greater than in Europe … Political advantages of this order of things … In the United States the interests of the country are everywhere kept in view … Support given to the Government by the community … Provincial institutions more necessary in proportion as the social condition becomes more democratic … Reason of this。
Centralization is become a word of general and daily use； without any precise meaning being attached to it。 Nevertheless； there exist two distinct kinds of centralization； which it is necessary to discriminate with accuracy。 Certain interests are common to all parts of a nation； such as the enactment of its general laws and the maintenance of its foreign relations。 Other interests are peculiar to certain parts of the nation； such； for instance； as the business of different townships。 When the power which directs the general interests is centred in one place； or vested in the same persons； it constitutes a central government。 In like manner the power of directing partial or local interests； when brought together into one place； constitutes what may be termed a central administration。
Upon some points these two kinds of centralization coalesce； but by classifying the objects which fall more particularly within the province of each of them； they may easily be distinguished。 It is evident that a central government acquires immense power when united to administrative centralization。 Thus combined； it accustoms men to set their own will habitually and completely aside； to submit； not only for once； or upon one point； but in every respect； and at all times。 Not only； therefore； does this union of power subdue them compulsorily； but it affects them in the ordinary habits of life； and influences each individual； first separately and then collectively。
These two kinds of centralization mutually assist and attract each other； but they must not be supposed to be inseparable。 It is impossible to imagine a more completely central government than that which existed in France under Louis XIV。； when the same individual was the author and the interpreter of the laws； and the representative of France at home and abroad； he was justified in asserting that the State was identified with his person。 Nevertheless； the administration was much less centralized under Louis XIV。 than it is at the present day。
In England the centralization of the government is carried to great perfection； the State has the compact vigor of a man； and by the sole act of its will it puts immense engines in motion； and wields or collects the efforts of its authority。 Indeed； I cannot conceive that a nation can enjoy a secure or prosperous existence without a powerful centralization of government。 But I am of opinion that a central administration enervates the nations in which it exists by incessantly diminishing their public spirit。 If such an administration succeeds in condensing at a given moment； on a given point； all the disposable resources of a people； it impairs at least the renewal of those resources。 It may ensure a victory in the hour of strife； but it gradually relaxes the sinews of strength。 It may contribute admirably to the transient greatness of a man； but it cannot ensure the durable prosperity of a nation。
If we pay proper attention； we shall find that whenever it is said that a State cannot act because it has no central point； it is the centralization of the government in which it is deficient。 It is frequently asserted； and we are prepared to assent to the proposition； that the German empire was never able to bring all its powers into action。 But the reason was； that the State was never able to enforce obedience to its general laws； because the several members of that great body always claimed the right； or found the means； of refusing their co…operation to the representatives of the common authority； even in the affairs which concerned the mass of the people； in other words； because there was no centralization of government。 The same remark is applicable to the Middle Ages； the cause of all the confusion of feudal society was that the control； not only of local but of general interests； was divided amongst a thousand hands； and broken up in a thousand different ways； the absence of a central government prevented the nations of Europe from advancing with energy in any straightforward course。
We have shown that in the United States no central administration and no dependent series of public functionaries exist。 Local authority has been carried to lengths which no European nation could endure without great inconvenience； and which has even produced some disadvantageous consequences in America。 But in the United States the centralization of the Government is complete； and it would be easy to prove that the national power is more compact than it has ever been in the old nations of Europe。 Not only is there but one legislative body in each State； not only does there exist but one source of political authority； but district assemblies and county courts have not in general been multiplied； lest they should be tempted to exceed their administrative duties； and interfere with the Government。 In America the legislature of each State is supreme； nothing
