Magistrates Quotes



“Magistrates” at the time were rulers and heads of government and state. There was little or no separation of powers and the chief magistrate could make edicts and laws, enforce them and be the judge and jury as well. In the United States, the President is also called the “Chief Magistrate” even though his powers are only within the Executive Branch. For us today, “Magistrate” usually refers to a judge or other official of the Judicial Branch.


The term “magistrates” refers to chief executives such as Governors, Mayors, Kings, etc. and not members of a judicial branch per se. For example the President of the United States is sometimes referred to as the Chief Magistrate of the Nation.”


Actually the Iroquois had a very sophisticated system of regular laws and government some of which was incorporated into our Constitution. However, the Iroquois sided with the British in the American Revolution and at its conclusion, most were driven out of their New York lands and became refugees in British Canada. So by 1816, the Iroquois, the most sophisticated, powerful and affluent of all the American Indian tribes were no longer consequential in America.


Incredibly, the judges received a higher fee if they found that an accused Negro was a fugitive slave and must be returned, than if he found that it was a case of mistaken identity or the laws of the northern state allowed mandated freedom. Despite the bias, the moral issue was so profound that many Northern judges refused to return fugitive slaves, even after the Fugitive Slave Act.


"Centuries" or "centurions" were army officers who commanded 100 men. They were the lowest ranking senior officer who had much direct contact with the decurions (sergeants) and the troops themselves. Conversely, they were the officers that the troops knew the best and were generally most influenced by.


When the Romans seemed to choose the same men again and again as their magistrates, they were told: Marcus Porcius Cato


This constitution is erroneously described as the first written constitution in America. It was the first written by whites, but the Iroquois Indians had written a formal constitution over 100 years earlier. This particular clause is fascinating as part of the separation between church and state debate. In this first constitution, legislation was to be the law of the land, not religious law. However, if the legislation were silent on the issue, then religious law was to govern. Thus, neither side in the debate choose to quote it very often, as it only gives them half a victory.


“Magistrate” historically has had a political meaning of the chief executive of a political entity. Mayors are still referred to as the “Chief Magistrate of the city.” The President is sometimes referred to as the “Chief Magistrate.” Lower magistrates can be political appointees who have power and responsibility for governing as well as judges of courts to whom the term “magistrate” refers in most modern references. The older use of the term harkens back to a time when there was no separation of powers and the assembly was the legislative, executive and judicial powers all at the same time.


Several years before the Battle of Bunker Hill, revolutionary activity had already broken out in the American colonies—See {634132} for an example. This law gave the British authorities much more “clout” in dealing with the “seditious” American activities. It protected English law enforcement officials from being tried in local Colonial courts for murder or assault in putting down insurrections. George Washington and other Patriots were outraged over this law. See {634131}.