Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-08-03
SPECIAL DEPUTIES,
a Case in Point Before Justice Bias
Kette-Ths Law and its Violation
by Negro Magistrates.

kette-Ths Law and It's Violation
by Negro Magistrates.
Batter, negro magistrate, deputised
negro named II. Coleman, to arrest Mary
Shane. Mary resisted the authority of
the special deputy and refused to be ar
rested by him. The special deputy then
assaulted the woman, and tried by physi-
cal force to make her submit. Mary sub
sequently had Coleman arrested On the
charge of assault and battery, and the case
was tried BY Justice John II. Baskette, who
required the defendant to give bond for
his appearance at the Criminal Court. The
power a magistrate has to deputise any
one other than a regular officer, may be
definitely ascertained by reference to the
Code Of Tennessee. Section 4,148, reads
as follows:
"a Justice may, In writing, specially de-
pute Rly discreet person of full age, not
being party, to perform any particular
duty deYolving upon a constable, II no
constable be at hand and the business
urgent.
This section Of the Code gives to the
magistrate very large and broad discretion
airy powers, provided the business was ur-
gent.
This article Of the Code was amended by
the last Legislature by an ect passed
March 4, 1870, and reads thus:
"a Justice may, in writing, depute any
discreet person of full age, not being
party to the suit pending, to perform any
particular duty dsvolving, by law, upon a
constable, if no constable is at hand, end
the business urgent, but no magistrate
shall make such special deputst!on unless
one of the parties to suit pending, or his
or her attorney shall mako oath before the
magistrate, and file the same in writing
stating that TO The best of their informa
ton, there ia no regular officer at hand,
and that the business is urgent"
This very much restricts the magistrate
in his discretionary powers, but the i'm
portant object had in view by the law is
the urgency of the business. Bsfore the
passage of the sot of 1870, the magistrate
could only be satisfied from the sworn
Statement of the party, and il such state
ment satisfied him that emergency re-
quired the deputation, he might make it.
But by comparison of the act Of 1870, with
that of the Code, and it will be seen that
the powers Of the magistrate are greatly
circumseribed. First, there must be no
constable at hand-thst is, where no cor
stable could be found in time sufficient
to correspond with the urgency of obtain
ing service upon the party before he could
escape or dispose of or remove bis
property. This fact must be shown
by affidavit Tho business must be urgent
and pressing, calling for immediate action.
The application must be filed in writing
with the papers. This being the true
meaning Of the act of Assembly how can
magistrate properly make deputstion
except in the manner pointed out. Where
this great necessity, as contemplated by
law, does not exist, this wholesale deputa-
ton is criminally wrong, and ought to
subject the parties guilty of it to indict-
ment by the Grand Jury These dsputa-
tons seldom state the necessity or grounds
for the urgency, or that a constable can
not be found in time to serve the process.
The men who issue them are prosttuting
their Offices, and ought to be held amens-
BILE to the penalties of the law.