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In the state of New York judicial penalties are less used than in other parts as a means of administration; and the right of prosecuting the offences of public officers is vested in fewer hands.[1] The same tendency is faintly observable in some other states;[2] but in general the prominent feature of the administration in the United States is its excessive local independence.
OF THE STATE.
I have described the townships and the administration: it now remains for me to speak of the state and government. This is ground I may pass over rapidly, without fear of being misunderstood; for all I have to say is to be found in written forms of the various constitutions, which are easily to be procured.[3] These constitutions rest upon a simple and rational theory; their forms have been adopted by all constitutional nations, and are become familiar to us.
In this place, therefore, it is only necessary for me to give a short analysis; I shall endeavour afterward to pass judgement upon what I now describe.
- ↑ Thus the district-attorney is directed to recover all fines below the sum of fifty dollars, unless such a right has been specially awarded to another magistrate. Revised Statutes, vol. i., p. 383.
- ↑ Several traces of centralization may be discovered in Massachusetts; for instance the committees of the town-schools are directed to make an annual report to the secretary of state. See Laws of Massachusetts, vol. i., p. 367.
- ↑ See the Constitution of New York.
and controlling the subordinate agents, without that of rewarding or punishing them. The same individual is never empowered to give an order and to punish disobedience; he has therefore the right of commanding, without the means of exacting compliance. In 1830 the superintendent of schools complained in his annual report addressed to the legislature, that several school commissioners had neglected, notwithstanding his application, to furnish him with the accounts which were due. He added, that if this omission continued, he should be obliged to prosecute them, as the law directs, before the proper tribunals.
