[Democracy In America Volume 1 (of 2) by Alexis de Toqueville]@TWC D-Link bookDemocracy In America Volume 1 (of 2) CHAPTER V: Necessity Of Examining The Condition Of The States--Part II 14/29
But a more special appeal is made by American legislation to the private interest of the citizen; *d and this great principle 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.
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