A chief magistrate is a public official, executive or judicial, whose office is the highest in its class. Historically, the two different meanings of
magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
have often overlapped and refer to, as the case may be, to a major political and administrative officer (usually at a subnational or colonial level) or a
judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
and
barrister
A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
.
Governing chief magistrates
If the jurisdiction he or she heads is considered to have statehood (sovereign or not), the official is generally its
head of state
A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
and (in various degrees of authority) chief executive. However, the precise meaning depends upon the particular circumstances where it is given.
European states
Chief magistratures in antiquity include the following titles:
*
Consul
*
Dictator
*
*
Suffet
Chief magistratures in the feudal era (and sometimes beyond) include the following titles:
*
Consul
*
Gonfaloniere
*
Lord Mayor,
mayor
In many countries, a mayor is the highest-ranking official in a Municipal corporation, municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilitie ...
and various close equivalents such as or in German language, (lord)
provost in Scotland
*
Podestà
*
*
"Chief magistrate" is also used as a generic term in English for the various offices in the role of head of state of the various Swiss (confederal) cantons, with such styles as .
Colonial functions and titles
*The
Cayman Islands
The Cayman Islands () is a self-governing British Overseas Territories, British Overseas Territory, and the largest by population. The territory comprises the three islands of Grand Cayman, Cayman Brac and Little Cayman, which are located so ...
were part of the English, and later British, Empire since 18 July 1670. Initially part of
Jamaica
Jamaica is an island country in the Caribbean Sea and the West Indies. At , it is the third-largest island—after Cuba and Hispaniola—of the Greater Antilles and the Caribbean. Jamaica lies about south of Cuba, west of Hispaniola (the is ...
, they were proclaimed a
crown colony
A Crown colony or royal colony was a colony governed by Kingdom of England, England, and then Kingdom of Great Britain, Great Britain or the United Kingdom within the English overseas possessions, English and later British Empire. There was usua ...
on 4 July 1959, this Colony receiving its own Administrator and eventually a Governor. When the first permanent settlements were established, circa 1734, the highest colonial authority was styled Chief Magistrate. There were eight holders of the position until 1898, when the new post of Commissioner was created.
*The
Bay Islands, settled by the British in 1827, were claimed by Britain until 1860 as well as by their ultimate owner
Honduras
Honduras, officially the Republic of Honduras, is a country in Central America. It is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Ocean at the Gulf of Fonseca, ...
. Britain appointed two consecutive chief magistrates (William Fitzgibbon
ctingin 1850, and John James Hall, 1850-1852) before declaring the islands a crown colony under the Governor of Jamaica, represented locally by two consecutive Presiding Magistrates: Charles Henry Johnes Cuyler, 1852-1855, and Alexander Wilson Moir, 1855-1860.
*In December 1832, the
Port Cresson colony was founded by the Black Quakers of the New York and Pennsylvania Colonization Societies. After it was destroyed by Bassa natives in June 1835, it was reestablished the following month as
Bassa Cove colony, which in 1837 annexed the
Edina settlement, also formed by the New York and Pennsylvania Colonization Societies. Until its 1 April 1839 incorporation into
Liberia
Liberia, officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to Liberia–Sierra Leone border, its northwest, Guinea to Guinea–Liberia border, its north, Ivory Coast to Ivory Coast–Lib ...
, its de facto governors were styled Chief Magistrate.
*
Norfolk Island was since 1 November 1856 governed as a separate territory (subordinated to New South Wales), where on 8 June 1856 the Pitcairn islanders were resettled. The highest colonial authorities were its many consecutive chief magistrates, till its self-government was revoked on 15 January 1897; afterwards, administrators were appointed.
*While
Zululand was a separate British crown colony from 21 June 1887 until its 1 December 1897 incorporation into the
Colony of Natal, it was nominally under the governorship of the British governors of Natal, but the highest colonial authority on the spot was titled
Resident Commissioner and Chief Magistrate:
**1887-1893 Sir Melmoth Osborn (1834-1899)
**1893-1 December 1897 Sir Marshall James Clarke (1841-d. 1909)
*When on 23 January 1894 South Zambesia (the future
Southern Rhodesia, present
Zimbabwe) was created from
Mashonaland and
Matabeleland protectorates (both had been privately owned by the
British South Africa Company), it was administered by a Chief Magistrate of South Zambesia:
**23 January 1894 - May 1894 Andrew Duncan (acting)
**May 1894 - 9 September 1894 Leander Starr Jameson (b. 1853 - d. 1917), who stayed on as the first Administrator of the Rhodesia Protectorate (the 3 May 1895 union of South Zambesia and North Zambesia - present Zambia - as Rhodesia Protectorate).
References to the U.S. presidency
References to the
President of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...
as "Chief Magistrate" were common in the early years of U.S. existence, although use of the term is rare today. In 1793,
George Washington
George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...
described himself as his country's "Chief Magistrate" in his second
inaugural address. In 1800,
Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 dur ...
wrote in a private letter to
Aaron Burr, later published by Burr with his permission, that he considered
John Adams
John Adams (October 30, 1735 – July 4, 1826) was a Founding Fathers of the United States, Founding Father and the second president of the United States from 1797 to 1801. Before Presidency of John Adams, his presidency, he was a leader of ...
"unfit for the office of Chief Magistrate."
James Monroe told the 18th Congress, shortly before leaving office in a House report dated February 21, 1825, "By the duties of this office, the great interests of the nation are placed, in their most important branches, under the care of the Chief Magistrate."
Abraham Lincoln
Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...
referred to the President as chief magistrate in his first inaugural address in 1861. In 1908,
Woodrow Wilson remarked, "Men of ordinary physique and discretion cannot be Presidents and live, if the strain cannot be somehow relieved. We shall be obliged to always be picking our chief magistrates from among wise and prudent athletes, a small class." Wilson was himself elected President four years later.
British Lord Protector
In the
British Interregnum
An interregnum (plural interregna or interregnums) is a period of revolutionary breach of legal continuity, discontinuity or "gap" in a government, organization, or social order. Archetypally, it was the period of time between the reign of one m ...
and during the existence of the
Commonwealth of England, Scotland and Ireland, the
Lord Protector
Lord Protector (plural: ''Lords Protector'') is a title that has been used in British constitutional law for the head of state. It was also a particular title for the British heads of state in respect to the established church. It was sometime ...
was referred to as 'Chief Magistrate' in the state's two major constitutional documents: the
Instrument of Government (1653) and the
Humble Petition and Advice (1657).
Judicial chief magistrates
Unlike the previous section, this does not require any political autonomy for the jurisdiction, so there can be additional circumscriptions, even created solely for the administration of justice. It is not uncommon for magistratures to perform additional functions separate from litigation and arbitration, rather as a registrar or notary, but as these are not their defining core-business, they are irrelevant in the context of this article.
The
Lord Mayor of London is the chief magistrate of the City of London.
*
Chief Magistrate of England and Wales
Sri Lanka
In
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, also known historically as Ceylon, is an island country in South Asia. It lies in the Indian Ocean, southwest of the Bay of Bengal, separated from the Indian subcontinent, ...
, the Chief Magistrate's Court in
Colombo is the senior of the
magistrate's courts in the judicial division of Colombo.
Judicial Service Commission Secretariat
/ref>
India
In India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
, Chief Judicial Magistrate Courts in the districts is the senior of the magistrate courts in the judicial districts. Courts of the Chief Judicial Magistrate is the apex body of criminal judiciary in the districts.
See also
* Chief justice
Sources and references
* Cornog, Evan and Whelan, Richard, ''Hats in the Ring: An Illustrated History of American Presidential Campaigns'' (Random House, N.Y. 2000)
References
{{DEFAULTSORT:Chief Magistrate
Gubernatorial titles
Heads of state
Legal professions