All 50 Uses

magistrate
in
Democracy In America, Volume 1
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I can conceive a society in which all men would profess an equal attachment and respect for the laws of which they are the common authors; in which the authority of the State would be respected as necessary, though not as divine; and the loyalty of the subject to its chief magistrate would not be a passion, but a quiet and rational persuasion.†
Chpt Intr.

magistrate = judicial official
They exercised the rights of sovereignty; they named their magistrates, concluded peace or declared war, made police regulations, and enacted laws as if their allegiance was due only to God.†
Chpt 2

magistrates = judges or civil authorities who conduct a court
The towns named their own magistrates of every kind, rated themselves, and levied their own taxes.†
Chpt 2 *
This speech was made by Winthrop; he was accused of having committed arbitrary actions during his magistracy, but after having made the speech of which the above is a fragment, he was acquitted by acclamation, and from that time forwards he was always re-elected governor of the State.†
Chpt 2

magistracy = judiciary
The first measure taken by the magistrate is to exact security from the defendant, or, in case of refusal, to incarcerate him: the ground of the accusation and the importance of the charges against him are then discussed.†
Chpt 2

magistrate = judicial official
There is no corporation; but the body of electors, after having designated its magistrates, directs them in everything that exceeds the simple and ordinary executive business of the State.†
Chpt 5

magistrates = judges or civil authorities who conduct a court
The town-meeting chooses at the same time a number of other municipal magistrates, who are entrusted with important administrative functions.†
Chpt 5
*e [Footnote e: All these magistrates actually exist; their different functions are all detailed in a book called "The Town-Officer," by Isaac Goodwin, Worcester, 1827; and in the "Collection of the General Laws of Massachusetts," 3 vols.†
Chpt 5
In the State of Massachusetts this authority is vested in the hands of several magistrates, who are appointed by the Governor of the State, with the advice *g of his council.†
Chpt 5
We have already seen that the independent townships of New England protect their own private interests; and the municipal magistrates are the persons to whom the execution of the laws of the State is most frequently entrusted.†
Chpt 5
*j Lastly, these municipal magistrates provide, of their own accord and without any delegated powers, for those unforeseen emergencies which frequently occur in society.†
Chpt 5
The law carefully prescribes a circle of action to each of these magistrates; and within that circle they have an entire right to perform their functions independently of any other authority.†
Chpt 5
It sometimes happens that the county officers alter a decision of the townships or town magistrates, *m but in general the authorities of the county have no right to interfere with the authorities of the township, *n except in such matters as concern the county.†
Chpt 5
[Footnote n: In Massachusetts the county magistrates are frequently called upon to investigate the acts of the town magistrates; but it will be shown further on that this investigation is a consequence, not of their administrative, but of their judicial power†
Chpt 5
[Footnote n: In Massachusetts the county magistrates are frequently called upon to investigate the acts of the town magistrates; but it will be shown further on that this investigation is a consequence, not of their administrative, but of their judicial power†
Chpt 5
The magistrates of the township, as well as those of the county, are bound to communicate their acts to the central government in a very small number of predetermined cases.†
Chpt 5
What, then, is the uniform plan on which the government is conducted, and how is the compliance of the counties and their magistrates or the townships and their officers enforced?†
Chpt 5
But an elected magistrate can neither be cashiered nor promoted.†
Chpt 5

magistrate = judicial official
In fact, the elected magistrate has nothing either to expect or to fear from his constituents; and when all public offices are filled by ballot there can be no series of official dignities, because the double right of commanding and of enforcing obedience can never be vested in the same individual, and because the power of issuing an order can never be joined to that of inflicting a punishment or bestowing a reward.†
Chpt 5
This is not evident at first sight; for those in power are apt to look upon the institution of elective functionaries as one concession, and the subjection of the elected magistrate to the judges of the land as another.†
Chpt 5
They are equally averse to both these innovations; and as they are more pressingly solicited to grant the former than the latter, they accede to the election of the magistrate, and leave him independent of the judicial power.†
Chpt 5
The Justice of the Peace is a sort of mezzo termine between the magistrate and the man of the world, between the civil officer and the judge.†
Chpt 5
The justices take a personal share in public business; they are sometimes entrusted with administrative functions in conjunction with elected officers, *r they sometimes constitute a tribunal, before which the magistrates summarily prosecute a refractory citizen, or the citizens inform against the abuses of the magistrate.†
Chpt 5

magistrates = judges or civil authorities who conduct a court
The justices take a personal share in public business; they are sometimes entrusted with administrative functions in conjunction with elected officers, *r they sometimes constitute a tribunal, before which the magistrates summarily prosecute a refractory citizen, or the citizens inform against the abuses of the magistrate.†
Chpt 5

magistrate = judicial official
[Footnote z: If, for instance, a township persists in refusing to name its assessors, the Court of Sessions nominates them; and the magistrates thus appointed are invested with the same authority as elected officers†
Chpt 5

magistrates = judges or civil authorities who conduct a court
It can only interfere when the conduct of a magistrate is specially brought under its notice; and this is the delicate part of the system.†
Chpt 5

magistrate = judicial official
If an accusing magistrate had merely been appointed in the chief town of each county, and if he had been unassisted by agents in the townships, he would not have been better acquainted with what was going on in the county than the members of the Court of Sessions.†
Chpt 5
The only administrative authority above the county magistrates is, properly speaking, that of the Government.†
Chpt 5

magistrates = judges or civil authorities who conduct a court
[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†
Chpt 5

magistrate = judicial official
General Remarks On The Administration Of The United States Differences of the States of the Union in their system of administration—Activity and perfection of the local authorities decrease towards the South—Power of the magistrate increases; that of the elector diminishes—Administration passes from the township to the county—States of New York, Ohio, Pennsylvania—Principles of administration applicable to the whole Union—Election of public officers, and inalienability of their functions—Absence of gradation of ranks—Introduction of judicial resources into the administration.†
Chpt 5
The more we descend towards the South, the less active does the business of the township or parish become; the number of magistrates, of functions, and of rights decreases; the population exercises a less immediate influence on affairs; town meetings are less frequent, and the subjects of debate less numerous.†
Chpt 5

magistrates = judges or civil authorities who conduct a court
The power of the elected magistrate is augmented and that of the elector diminished, whilst the public spirit of the local communities is less awakened and less influential.†
Chpt 5

magistrate = judicial official
The first consequence of this doctrine has been to cause all the magistrates to be chosen either by or at least from amongst the citizens.†
Chpt 5

magistrates = judges or civil authorities who conduct a court
[Footnote k: Thus the district-attorney is directed to recover all fines below the sum of fifty dollars, unless such a right has been specially awarded to another magistrate†
Chpt 5

magistrate = judicial official
The supreme magistrate, under the title of Governor, is the official moderator and counsellor of the legislature.†
Chpt 5
*p The Governor is an elected magistrate, and is generally chosen for one or two years only; so that he always continues to be strictly dependent upon the majority who returned him.†
Chpt 5
The criminal police of the United States cannot be compared to that of France; the magistrates and public prosecutors are not numerous, and the examinations of prisoners are rapid and oral.†
Chpt 5

magistrates = judges or civil authorities who conduct a court
He hears the authority of a judge invoked in the political occurrences of every day, and he naturally concludes that in the United States the judges are important political functionaries; nevertheless, when he examines the nature of the tribunals, they offer nothing which is contrary to the usual habits and privileges of those bodies, and the magistrates seem to him to interfere in public affairs of chance, but by a chance which recurs every day.†
Chpt 6
But if he directly attacks a general principle without having a particular case in view, he leaves the circle in which all nations have agreed to confine his authority, he assumes a more important, and perhaps a more useful, influence than that of the magistrate, but he ceases to be a representative of the judicial power.†
Chpt 6

magistrate = judicial official
His position is therefore perfectly similar to that of the magistrate of other nations; and he is nevertheless invested with immense political power.†
Chpt 6
This condition is essential to the power of the judicature, for to select that legal obligation by which he is most strictly bound is the natural right of every magistrate.†
Chpt 6
In America, where the nation can always reduce its magistrates to obedience by changing its constitution, no danger of this kind is to be feared.†
Chpt 6

magistrates = judges or civil authorities who conduct a court
Whenever a law which the judge holds to be unconstitutional is argued in a tribunal of the United States he may refuse to admit it as a rule; this power is the only one which is peculiar to the American magistrate, but it gives rise to immense political influence.†
Chpt 6

magistrate = judicial official
He performs his functions as a citizen by fulfilling the precise duties which belong to his profession as a magistrate.†
Chpt 6
The legislator is then transformed into the magistrate; he is called upon to admit, to distinguish, and to punish the offence; and as he exercises all the authority of a judge, the law restricts him to the observance of all the duties of that high office, and of all the formalities of justice.†
Chpt 7
But military officers are dependent on the chief magistrate of the State, who is himself a civil functionary, and the decision which condemns him is a blow upon them all.†
Chpt 7
The President is an elective magistrate.†
Chpt 8
The salary of the President is fixed, at the time of his entering upon office, for the whole period of his magistracy.†
Chpt 8

magistracy = judiciary
The President of the United States is a magistrate elected for four years; the King, in France, is an hereditary sovereign.†
Chpt 8

magistrate = judicial official
The most weighty argument against the election of a chief magistrate is, that it offers so splendid a lure to private ambition, and is so apt to inflame men in the pursuit of power, that when legitimate means are wanting force may not unfrequently seize what right denied.†
Chpt 8

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Definitions:

(1) (magistrate)
a judge or judicial official
The exact meaning of magistrate varies widely depending upon the context. For example:
- in the U.S. federal court: assists district court judges by handling minor offenses or administrative tasks such as preliminary hearings (often referred to as a magistrate judge rather than just a magistrate)
- in some U.S. states: a judge in the state court
- in France, Belgium, Italy, the Netherlands, and other civil law countries: a sitting magistrate is a judge and a standing magistrate is a prosecutor
- in England: may be a volunteer without formal legal training who performs a judicial role with regard to minor matters
- in ancient Rome: a powerful officer with both judicial and executive power
(2) (meaning too rare to warrant focus)

magistrate in Democracy In America, Volume 1 (Auto-generated)

magistrate
in
Democracy In America, Volume 1
(Auto-generated)