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But if the administration of justice, police and jails included, is both so universal a concern, and so much a matter of general science, independent of local peculiarities, that it may be, and ought to be, uniformly regulated throughout the country, and its regulation enforced by more trained and skillful hands than those of purely local authorities, there is also business, such as the administration of the poor-laws, sanitary regulation, and others, which, while really interesting to the whole country, can not, consistently with the very purposes of local administration, be managed otherwise than by the localities. In regard to such duties, the question arises how far the local authorities ought to be trusted with discretionary power, free from any superintendence or control of the state.
To decide this question, it is essential to consider what is the comparative position of the central and the local authorities as capacity for the work, and security against negligence or abuse. In the first place, the local representative bodies and their officers are almost certain to be of a much lower grade of intelligence and knowledge than Parliament and the national executive. Secondly, besides being themselves of inferior qualifications, they are watched by, and accountable to an inferior public opinion. The public under whose eyes they act, and by whom they are criticized, is both more limited in extent and generally far less enlightened than that which surrounds and admonishes the highest authorities at the capital, while the comparative smallness of the interests involved causes even that inferior public to direct its thoughts to the subject less intently and with less solicitude. Far less interference is exercised by the press and by public discussion, and that which is exercised may with much more impunity be disregarded in the proceedings of local than in those of national authorities. Thus far, the advantage seems wholly on the side of management by the central government; but, when we look more closely, these motives of preference are found to be balanced by others fully as substantial. If the local authorities and public are inferior to the central ones in knowledge of the principles of administration, they have the compensatory advantage of a far more direct interest in the result. A man's neighbors or his landlord may be much cleverer than himself, and not without an indirect interest in his prosperity, but, for all that, his interests will be better attended to in his own keeping than in theirs. It is further to be remembered that, even supposing the central government to administer through its own officers, its officers do not act at the centre, but in the locality; and however inferior the local public may be to the central, it is the local public alone which has any opportunity of watching them, and it is the local opinion alone which either acts directly upon their own conduct, or calls the attention of the government to the points in which they may require correction. It is but in extreme cases that the general opinion of the country is brought to bear at all upon details of local administration, and still more rarely has it the means of deciding upon them with any just appreciation of the case. Now the local opinion necessarily acts far more forcibly upon purely local administrators. They, in the natural course of things, are permanent residents, not expecting to be withdrawn from the place when they cease to exercise authority in it; and their authority itself depends, by supposition, on the will of the local public. I need not dwell on the deficiencies of the central authority in detailed knowledge of local persons and things, and the too great engrossment of its time and thoughts by other concerns to admit of its acquiring the quantity and quality of local knowledge necessary even for deciding on complaints, and enforcing responsibility from so great a number of local agents. In the details of management, therefore, the local bodies will generally have the advantage, but in comprehension of the principles even of purely local management, the superiority of the central government, when rightly constituted, ought to be prodigious, not only by reason of the probably great personal superiority of the individuals composing it, and the multitude of thinkers and writers who are at all times engaged in pressing useful ideas upon their notice, but also because the knowledge and experience of any local authority is but local knowledge and experience, confined to their own part of the country and its modes of management, whereas the central government has the means of knowing all that is to be learned from the united experience of the whole kingdom, with the addition of easy access to that of foreign countries.
The practical conclusion from these premises is not difficult to draw. The authority which is most conversant with principles should be supreme over principles, while that which is most competent in details should have the details left to it. The principal business of the central authority should be to give instruction, of the local authority to apply it. Power may be localized, but knowledge, to be most useful, must be centralized; there must be somewhere a focus at which all its scattered rays are collected, that the broken and colored lights which exist elsewhere may find there what is necessary to complete and purify them. To every branch of local administration which affects the general interest there should be a corresponding central organ, either a minister, or some specially appointed functionary under him, even if that functionary does no more than collect information from all quarters, and bring the experience acquired in one locality to the knowledge of another where it is wanted. But there is also something more than this for the central authority to do. It ought to keep open a perpetual communication with the localities—informing itself by their experience, and them by its own; giving advice freely when asked, volunteering it when seen to be required; compelling publicity and recordation of proceedings, and enforcing obedience to every general law which the Legislature has laid down on the subject of local management. That some such laws ought to be laid down few are likely to deny. The localities may be allowed to mismanage their own interests, but not to prejudice those of others, nor violate those principles of justice between one person and another of which it is the duty of the state to maintain the rigid observance. If the local majority attempts to oppress the minority, or one class another, the state is bound to interpose. For example, all local rates ought to be voted exclusively by the local representative body; but that body, though elected solely by rate-payers, may raise its revenues by imposts of such a kind, or assess them in such a manner, as to throw an unjust share of the burden on the poor, the rich, or some particular class of the population: it is the duty, therefore, of the Legislature, while leaving the mere amount of the local taxes to the discretion of the local body, to lay down authoritatively the mode of taxation and rules of assessment which alone the localities shall be permitted to use. Again, in the administration of public charity, the industry and morality of the whole laboring population depends, to a most serious extent, upon adherence to certain fixed principles in awarding relief. Though it belongs essentially to the local functionaries to determine who, according to those principles, is entitled to be relieved, the national Parliament is the proper authority to prescribe the principles themselves; and it would neglect a most important part of its duty if it did not, in a matter of such grave national concern, lay down imperative rules, and make effectual provision that those rules should not be departed from. What power of actual interference with the local administrators it may be necessary to retain, for the due enforcement of the laws, is a question of detail into which it would be useless to enter. The laws themselves will naturally define the penalties, and fix the mode of their enforcement. It may be requisite, to meet extreme cases, that the power of the central authority should extend to dissolving the local representative council or dismissing the local executive, but not to making new appointments or suspending the local institutions. Where Parliament has not interfered, neither ought any branch of the executive to interfere with authority; but as an adviser and critic, an enforcer of the laws, and a denouncer to Parliament or the local constituencies of conduct which it deems condemnable, the functions of the executive are of the greatest possible value.