The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1843-09-26
decentralization.
Respectfully yours,
.. b COLBY, Z Apd;,ors
JACOB BATES, Hup''o'''
Derby, May, Is43.


by You in crcums tnnces necessarily imposing upon
US the task of investigating the mannerin which tho
financial affairs of the town have been administered,
we have learned with surprise that
and mistakes have occurred, which threaten serious
mischief If not timely corrected. The laws made for
the guidance of town officers, have in various instau
ces, not only here but in all parts of the state, where
acquainted, been practically disregarded and
crude notions Of expcdienty substituted. Plain com
mon sense constructions have not been adopted, but
whim or caprice suffered TO wres, the law from It's
legitimate purposes.
Bot feeling that the task of pointing out these er-
rors ns hit be deemed nvidous and ikeyAo produce
very li,tlepractica good, in much as we have ne
doubt that they will he avoided here in future; we
have concluded the better way will be- 10 exhibit the
result Of our investigations by way OF Suggestions
TO the proper construction and application of the law
in sumo particulars and the duties ofa portion Of those
who arc appointed TO administer them.
most perncious notion has very generally pre-
vailed not only here but elsewhere which is, that
towns possess original and inherent sovereignty
and have right TO regulate their affairs very much
according to the counsel Of their own will, iresrec
tive OF The authority and laws of the state. In conse
qucnce OF Ills, taxes have been imposed and collected
in violation Of the rights Of individuals who have been
compelled nj great expense TO vrdicata those rh,s
10y an appeal to the judiciary ard many suits have
arisen 10 correct the msconsHction of the Laws pro-
vIdng Tor the support s. maintenance oft poor the
liability Of towns fer defective roads and bridges lay
Ing ont, opening and clearing highways, and ascertain.
ing damages due 10 Individual property taken for the
public Our law books foil or cases Of this
description fad these subjects been well UNDER
stood by town officers, many thousands Of dollars
night he annually saved 10 this State. These are the
necessary fruits ofihe mistaken opinion that towns
are something than the creatures Of the law ar
hcal persons, and like natural ones bound to abide
by the regulations which the State has provided for
their government.
Another notion IN lis effects somewhat analogous
to the foregoing, this that the rules winch regu-
late the Intercourse between man s. man is not suited
10 that which had been between natural persou and
IL corporation aggregate. ia. claiuis of b. payment
Tor services, or compensation for injury sustained all
men are willing to suffer right take place as ectca
by the standard of law equity. but in deciding up
on similar claim ofan individual upon atown, the
persons being judges, in nine cases out Of ten
some other rule very lily understood and perhaps in
capable Of being defined, will be substituted and the
claimant, however prcpostcrous may be his prcten
sions, or fraudulent his purpose, has only patiently to
pcrscvcre and his is certain. This has been
sirikng'y cxenphfed in the old practice of bringing
claims into town meeting for allowance and still more
so in the long practice and legazed robbery Of the
state in egislUtng upon private claims. In one OF
these ways greet injuries have been done tax pay
ing community has been oppressed i'll order that ia
vors might be conferred upon tho clamurous and aa-
dacicus, the principles of law and morality have been
perierted, the munn'enls oi right and justice over
eaped aud the minds of men left 10 the guidance Of
Interest, passion, caprice.
We are convinced the affairs OF the Town would he
mu ch better conducted, if improvements should he.
had, and we doubt not but they will be, in the sew
era, departments Of the Select Men, the Treasurer
the Trustees Of the United States surplus money ana
the Collectors ofhighway taxes
Whoever will take the trouble to compare the Re.
,ised Statutes with Sade's compilation, cannot fail TO
discover that the legislature intended in the former
change essentially the mode Of transacting por-
tions Of the town business To some particulars we
will refer.
Under the old law towns were authorized to make
such compensation To their several officers
''as upon particular statement of their time md SCR
vices they NAV judge just and reasonable Page All
~ This originated at least sanctioned tlle prac
tice of lessating in town meeting uron claims of in
divduals Under tina law, "tle inbabitala Of