eral principles on which the administration of the United States
rests. These principles are differently applied; their consequences
are more or less numerous in various localities; but they are always
substantially the same. The laws differ, and their outward features
change, but their character does not vary. If the township and the
county are not everywhere constituted in the same manner, it is at least
true that in the United States the county and the township are always
based upon the same principle, namely, that everyone is the best judge
of what concerns himself alone, and the most proper person to supply his
private wants. The township and the county are therefore bound to take
care of their special interests: the State governs, but it does not
interfere with their administration. Exceptions to this rule may be met
with, but not a contrary principle.
The first consequence of this doctrine has been to cause all the
magistrates to be chosen either by or at least from amongst the
citizens. As the officers are everywhere elected or appointed for a
certain period, it has been impossible to establish the rules of a
dependent series of authorities; there are almost as many independent
functionaries as there are functions, and the executive power is
disseminated in a multitude of hands. Hence arose the indispensable
necessity of introducing the control of the courts of justice over the
administration, and the system of pecuniary penalties, by which the
secondary bodies and their representatives are constrained to obey the
laws. This system obtains from one end of the Union to the other. The
power of punishing the misconduct of public officers, or of performing
the part of the executive in urgent cases, has not, however, been
bestowed on the same judges in all the States. The Anglo-Americans
derived the institution of justices of the peace from a common source;
but although it exists in all the States, it is not always turned to
the same use. The justices of the peace everywhere participate in the
administration of the townships and the counties, *h either as public
officers or as the judges of public misdemeanors, but in most of the
States the more important classes of public offences come under the
cognizance of the ordinary tribunals.
[Footnote h: In some of the Southern States the county courts are
charged with all the details of the administration. See the Statutes of
the State of Tennessee, arts. Judiciary, Taxe
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