by private persons, there are greater objections to subjecting an
accused person to an examination, and it can now only be had by
his consent.[Footnote: Maitland, "Justice and Police," 129.] The
certainty in England also that criminal prosecutions may in any
case be subjected to the power of a public officer by the
interposition of the Attorney-General or the Director of Public
Prosecutions makes it more important to safeguard a defendant who
may be arraigned for a political offense, and whose prosecution
may be inspired by reasons of a partisan nature. The magistrates
upon whom the task of conducting or superintending the
examination would naturally fall are also largely both
representative of class interests and unlearned in the law.

In the United States local prosecutors are often of a different
party from that which controls the State or the United States.
They have no close connection with those administering the
general affairs of the government. They hold office for fixed
terms, not dependent on any shifting of parliamentary majorities
or change of ministry. Committing magistrates are in a similar
position. They are also in many cases trained lawyers. If our
Constitutions could be so modified or so construed as to allow
them to ask the accused the questions that the sheriff who makes
the arrest or the reporter who hurries after him to the jail is
sure to ask, there are many reasons for believing that it would
oftener prove a safeguard to innocence than an occasion for
extorted and perhaps inconsiderate or misunderstood admissions.
And be that as it may, it would certainly lead up to important
clues, and frequently bring out admissions that were both
unquestionably true and necessary to establish guilt.