The Court of Sessions, even when it is invested with its official powers, is in this case unable to compel him to a more satisfactory obedience.

The fear of removal is the only check to these quasi-offences; and as the Court of Sessions does not originate the town authorities, it cannot remove functionaries whom it does not appoint.

Moreover, a perpetual investigation would be necessary to convict the officer of negligence or lukewarmness; and the Court of Sessions sits but twice a year and then only judges such offences as are brought before its notice.

The only security of that active and enlightened obedience which a court of justice cannot impose upon public officers lies in the possibility of their arbitrary removal.

In France this security is sought for in powers exercised by the heads of the administration; in America it is sought for in the principle of election.
[Footnote y: Laws of Massachusetts, vol.ii.p.