Page:The American Cyclopædia (1879) Volume XV.djvu/857

 TOWHEE held, and his death was said to have been caused by apoplexy. Lives of Toussaint have been written, among others, by Saint-Remy (Paris, 1850), the Rev. John R. Beard, D. D. (London, 1853), Hannah Lee (Boston, 1854), 0. W. Elliott (New York, 1855), and J. Red- path (Boston, 1863). TOWHEE. See CHEWINK. TOWN (Ang. Sax. tun, from tynan, to enclose), originally an enclosure of the farm and farm house by a hedge, and finally of a collection of houses. Towns began to exist as municipali- ties in Germany in the time of the emperor Henry the Fowler (919-936), who caused all the important villages to be surrounded with walls or earthworks and ditches, as a defence against the Huns. Certain of the landless free- men were compelled to reside in these towns, while others were attracted by* the privileges he conferred. These were in the nature of charters or contracts with the inhabitants, and had reference to various subjects. The germ of the town thus planted grew vigorously. The princes and bishops of the empire created towns on their own fiefs and benefices, and granted charters. For several hundred years thereafter municipal charters were granted in Europe at the political, military, or financial convenience of the ruling powers. In Spain the Christian kings created towns and granted municipal charters on the frontier, as the ter- ritory was slowly reconquered from the Moors. In England charters were granted liberally by King John, to enlist the common people on his side in his contests with the barons ; and in France by Louis the Fat for similar reasons. Sometimes municipalities were chartered as a means of increasing or more conveniently col- lecting the king's revenue. In Holland the municipal system embraced nearly all the terri- tory and population. In Germany leagues of the free towns were formed, either for com- mon defence or for commercial purposes. Of the former, the Swabian league and the league of the Rhine were the most important ; while of the latter, the league of the Hanse towns, or the Hanseatic league, was the most remark- able and most powerful confederation of mu- nicipalities that ever existed. (See HANSEATIO LEAGUE.) From various causes the self-gov- erning feature of the towns of continental Europe has been almost entirely obliterated. The system of town government has existed in New England since the settlement of the colonies, and in substantially the same form as at present, except that classes of town offi- cers have been largely increased in number, and their various duties more particularly pre- scribed. Here it still prevails in its purest form ; in New York and a few other states it exists in a modified form ; with two or three exceptions, it is not found in the southern states. In New England it is the most im- portant political division of the state. Ex- cepting unorganized portions of Maine, New Hampshire, and Vermont, and certain incor- TOWN 827 porated cities which have superseded towns, tbe entire territory and population are under town government. In 1870 there were in New England 1,424 towns, with an average area of 34 sq. m., and an average population of 2,450, or, excluding cities and towns having over 10,000 inhabitants, 1,700. The town is a po- litical and corporate body created by the legis- lature. Its rights, duties, and liabilities are defined by law, and it is responsible for any act or omission in violation of the law to the person injured or to the state. It can be fined in the same manner as an individual. Except in Massachusetts and Maine, where representation is by districts, it is entitled to an independent representation in the lower branch of the legislature. It elects its own executive officers, supports schools, maintains roads and bridges, supports paupers, restrains lunatics, manages a local police, protects the public health against infectious diseases, col- lects through its own officers not only its self-imposed taxes for local purposes, but also the state taxes and those levied by county offi- cers, and generally administers its own public affairs. The town officers are usually elect- ed annually and in the spring. The chief ones are a town clerk, three, five, seven, or nine selectmen, three or more assessors with sometimes assistant assessors, three or more overseers of the poor, a treasurer, one or more surveyors of highways, three or more mem- bers of school committee, and constables, who are required to collect taxes unless collectors are chosen. The most important officers are the selectmen, who transact the general public business of the town. Usually one of them, called the first selectman, appointed by the body from their own number or elected to that position by the freemen of the town, acts as the agent and general executive officer, but in the more important matters he consults the other selectmen. The most important busi- ness, such as that relating to taxes, and estab- lishing roads, bridges, &c., is transacted by the voters of the town in town meeting, which is the general legislative body of the town. The county in New England is an unimportant subdivision of the state, and exists mainly for judicial purposes. Even the state does com- paratively little public business, and the towns raise by taxation and expend at least eight times the amount of money that the state re- quires for its purposes. In marked contrast to the town system as it exists in New Eng- land is the county system, which prevails in California, Delaware, Nebraska, Nevada, and Oregon, and in all the southern states excepting North Carolina, Virginia, and West Virginia. In these states the county is the important political subdivision of the state, while the town or township, where it exists, is little more than a nominal territorial division, with- out political power. The county is created by the legislature, and is responsible to the state for its share of the state taxation. Excluding