is
constantly to be met with in studying the laws of the United States.
American legislators are more apt to give men credit for intelligence
than for honesty, and they rely not a little on personal cupidity for
the execution of the laws. When an individual is really and sensibly
injured by an administrative abuse, it is natural that his personal
interest should induce him to prosecute. But if a legal formality be
required, which, however advantageous to the community, is of small
importance to individuals, plaintiffs may be less easily found; and
thus, by a tacit agreement, the laws may fall into disuse. Reduced by
their system to this extremity, the Americans are obliged to encourage
informers by bestowing on them a portion of the penalty in certain
cases, *e and to insure the execution of the laws by the dangerous
expedient of degrading the morals of the people. The only administrative
authority above the county magistrates is, properly speaking, that of
the Government.

[Footnote a: I say the Court of Sessions, because in common courts
there is a magistrate who exercises some of the functions of a public
prosecutor.]

[Footnote b: The grand-jurors are, for instance, bound to inform the
court of the bad state of the roads.--Laws of Massachusetts, vol. i. p.
308.]

[Footnote c: If, for instance, the treasurer of the county holds back
his accounts.--Laws of Massachusetts, vol. i. p. 406.] [Footnote d:
Thus, if a private individual breaks down or is wounded in consequence
of the badness of a road, he can sue the township or the county for
damages at the sessions.--Laws of Massachusetts, vol. i. p. 309.]

[Footnote e: In cases of invasion or insurrection, if the town-officers
neglect to furnish the necessary stores and ammunition for the militia,
the township may be condemned to a fine of from $200 to $500. It may
readily be imagined that in such a case it might happen that no one
cared to prosecute; hence the law adds that all the citizens may indict
offences of this kind, and that half of the fine shall belong to the
plaintiff. See Act of March 6, 1810, vol. ii. p. 236. The same clause
is frequently to be met with in the law of Massachusetts. Not only are
private individuals thus incited to prosecute the public officers,
but the public officers are encouraged in the same manner to bring the
disobedience of private individuals to justice. If a citizen refuses to
perform the work which has been assigned to him upon