the poor, are charged with the care of county records, and can legalize acts of town meetings that are informally called together. Township and par land giving way to new unions. The townships and parishes of England have by no means that significance which they might have for the ish system in Eng Well-being of the country population, and this grows in part out of the decay of the old yeomanry, and the accumulation of land in a few hands. To the counties has always belonged the management of bridges; and the parishes formerly were obligated to repair all public roads, bridle-paths, and foot-paths. By legislation within. this century the superintendence of highways is committed to mixed boards, consisting partly of resident justices and partly of way-wardens elected by the parishes; and for this purpose the counties were divided into highway districts. The very important office of administering the poor-laws is entrusted to boards of guardians, consisting in part of owners of property and payers of rates in the parishes which make up the various unions. A health act passed as late as 1872 imposes the obligations created by the sanitary act of 1868 and others on boards which, in rural districts, are no other than those of guardians of the poor. Finally, the education act of 1870 gives an independence to rural parishes by making each a school district" responsible for all the school accommodation of all its children within the school age." Thus, with this exception, all the late legislation of England shows that the parish or township is of small account in the local administration; and this exception is evidently necessary, as children must go to school within the parish, or not at all. communes in Belgium. We have seen that in France the communes, whether great of or small, rural or urban-with two exceptions -are governed on one system. In Belgium, by laws of 1836 and 1842, the communal authorities are a council, and a body composed of a burgomaster and schepen or échevins (sheriffs M. Laveleye now translates these ancient *Brodick, u. s., 36-44 words). The councils of the communes vary in number between seven and twenty-one, who have a residence in the territory of the commune itself, except that in very small places a part of the members may be supplied from another commune. They are chosen for six years by electors paying direct taxes to the amount of at least ten francs. Half the council goes out every three years. The échevins or schepen, as well as the burgomaster, are named by the king from among the councillors, and hold their offices for six years, but may be displaced or suspended by the state authorities. The councils manage the property and revenues of communes; regulate and pay their expenses; see to the police, especially in regard to health and public security; administer the public establishments of the communes, attend to public works, and lay local taxes, subject, however, to the royal approval. The échevins, who, with the burgomasters are salaried officers, take care of the communal property and the archives; make known the resolutions of the council and execute them; keep registers of births and deaths; attend to suits in which the commune is concerned; and supervise the servants of the commune, hospitals, and theatres. The burgomaster is head of the police and administers local justice, subject of course to appeal, i.e., he has charge over breaches of the law and crimes committed within the limits of the commune. be seen from this brief sketch, which we give on M. Laveleye's authority, that the state has too great control over the executive officers of the communes. * In Spain the municipal officers are alcaldes or mayors, depMunicipal regula uty mayors, in number equal to the districts of tions in Spain. the town, and councillors (concejales). Certain members who represent the town at law are called syndics. The councillors are elected, one-half of them every two years. in districts, and the alcalde is chosen by the board of councillors. Their functions include police, care of revenues, sanction of expenditures, supervision of institutions of benev Laveleye in the Cobden Club Essays, u. s., 256-264. olence and education. They can pass by-laws and impose fines. But the law declares the municipal officers to be delegates of the central government, and requires them to aid the officials of government in the discharge of their duties, which is certainly a very dangerous relation for the freedom of the towns. A singular appendage or check on this town government is a junta municipal, composed of the councillors and of citizens three times their number, taken from the ratepayers, which was created in 1870-71, and was intended to guard the wealthy class in the towns from oppression. The local taxation is not equal to the needs, and in the late troubles of Spain this has prevented the immediate success of self-governing institutions.* The landgemeinde or rural commune, in Prussia, has properly nothing to do with the school, the church, Prussian system. or the police. Its principal business seems to be the care of the poor. Its administration of affairs is in the hands either of a body elected by the community, or of the community meeting as an assembly. Its officers are a schultze and two or more schöffen, who have police duties and can perform certain notarial acts in connection with a village court. The country communes were formerly connected in great part with an adjoining manor (a gutsherrschaft), and the lord was responsible for the police. The country commune, under the inspection of superior authorities, has the power of providing for its expenses by rates levied for that purpose. These are most imperfect and defective forms of seif-governing communities. It is to be hoped that a wholly new system will force its way into Prussia ere long. communities. The Russian village community-called the mir-is a truly Russian village patriarchal one, based on community of land, and descent from a common ancestor. In its assemblies, consisting of heads of families (women included), it decides upon redistribution of the common land, -the system of private landownership being only an exception-divi*Moret y Prendergast, in the essays before cited, p. 347 and onw. + Morier, in the essays above cited, pp. 426-430. a tavern. sion of taxes among the members of the mir, who are jointly responsible for the debts of the separate members; granting of passports to its members; discharging old members and receiving new ones; and judging in small civil and criminal cases. Formerly recruiting, or furnishing soldiers to government, was also one of the duties. The meetings of the assembly, that is, of the inhabitants, are informally called by the elder or starosta, as the people are leaving church; and are held frequently sub dio, and often in the neighborhood of When there has been talk enough, the question is not put and decided by a majority, but if there appears to be a difference of opinion they adjourn, and do this more than once, until the minority withdraw, or some compromise is effected. When there are candidates for some office, the names are talked over before the meeting begins; and when a name is mentioned, the meeting shows its feeling in a few words, and a decision is made. The community has a good deal of power over its members, but this is exercised rarely except for the purpose of compelling them to pay their share of the taxes.* I have said and need say nothing respecting self-governing Self-governing divisions greater than towns, since in the matter power in counties. of local and self-government they have but a subordinate interest. The county brings justice near to the people, who otherwise would be oppressed by its expensiveness; and it is convenient for some purposes of administration. but is of little use in calling forth and keeping up the selfgoverning capacity of the people. In the southern states of our Union the system of slavery required that plantations should be larger than they would be in communities composed of freemen only, and there was no centre of population except the county-seat. This prevented common schools, and rendered joint action difficult except for communities spread over a district of considerable size. In some of these states, * Ashton W. Dilke, in Essays, u. S., 314–317. I have in some places made use of his words. Comp. Laveleye, de la propriété, chap iii. the division by townships has been introduced. In one of the northern states, Illinois, the southern portions have had a system of counties as their units of administration, but the northern portions have townships for their units, corresponding to the origin of the early settlers; but now the township system is invading the soil of the other. Mr. J. S. Mill thinks that "the plan of representative subparliaments for local affairs," in England, " must henceforth be considered as one of the fundamental institutions of free government." If by these words are intended the boards. of guardians of the poor, of managers of highways, boards of health and school committees, such institutions may be very efficient means of administration, and may call forth great executive vigor over a country. But a despotic government might create and sustain by law such unions, if it was enlightened enough. I cannot see how such neat and efficient modes of local administration are going to be great political blessings. If the land is held by few hands, and all agriculturists are tenants or farm laborers, they will not, we may assume, be members of such sub-parliaments. The hope of a country depends mainly on small land-owners. A country without these is in danger of running into practical despotism. Where the mass of the people by reason of their poverty or exclusion from place of influence is only passive, there is little self-government or political education. |