Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-01-08
RICHMOND, JANUARY .. Iss4.
FOR THE ENQUIRER.
10 .hessrs. Norris, Garland, Biackburn, Loy
all, Gordon, and Boiyyer

10 !hessrs. Morris, Garland, Blackburn, Lou
all, Gordon, and Boisyer
Inc author of the following observations,
pegs leave tn call your particular attention To
the subject matter of them When the rights
and interests of the people call for Legislative
protection, you cannot he Indifferent or silent,
without abandoning those high claims to eff
cient patriotism which grateful community
have already accorded To your indeTatirnbl,..
d'sinterested, and strenuous exertions i'm the
pubic Cause. However limited the sphere
whith the subject presents, of displaying the
various abilities which have distinguished Won
respectively in the public service. il vet fur
nishes you another opportunity nf adding to
me accumulated riches Of that self-approvng
conscience which AN honest discharge of ones
uuty never falls To inspire, and which, next to
me promises OF heaven, is the most precious
oil all humaa possessions.
To men of your understanding, the Justice
and force of The appended observations will
not be impaired by their anonymous charac-
yer. But u IT were at all necessary or proper TO
disclose himself, the author is persuaded (and
II IS persuasion founded on some very agree
able recollections,) that the disclosure, in yeur
estimation, would in no wise detract from their
merits.
TO The Members Of The Legislature:
Extract from Henry's speech in the Virginia
Convent!0n:-" Our sate-sheritfs, those un-
feeling bloodsuckers, have, under the watchfuI
eye of our Legislature, committed the most
horrid and barbarous ravages upon our PEG
pie: II has required the constant vigilance of
the legislature TO keep them from totally ruin
ing the people. repeated succession Of laws
nave been made To suppress their iniuuitous
specuaiions and cruel extortions; and AS Of
Ten mas Their nefarious ingenuity devised me-
th"ds "f evadng those laws
How lar this class of officers merited th.
above denunciatlon nj that lime, the brnevo-
lent character ot Mr.. Henry, and the known
accuracy of his Knowledge touching the state
ana condition Ut things, afford us the most
conclusive means of determining. That they
have acquitted themselves of the imputa-
non, ny the purity of their aftc: practices, the
number. character and effects of the laws en-
acteu IN The last few years :" to suppress their
In'qIit"hs sprcuiaiions and cruel tXtortions,' -
amply and loudly proclaim To the greater
part nf your body, it would be superfl,lous tn
detail or comment upon them; hut il may not
ne amlsst recall Ia your recollection the re-
corurd iiscai fact, thai the passage of "a law,
imposing penalty upon the clerks Of the
courts, ior any future failure 10 transmit 10 the
auditor, Inst of the money received by the
sheiifs for licenses To merchants. innkeeners
hawkers NC. raised the revenue from that
source IN one year, from $1,000 TO S44. 900.
Ii any farther evidence were wanting If is
respectfully suggested, that il is furnished by
All those reasons, which enacted, that any mis-
application of the public money should h.
deemed felony; and by the effects of that en-
actment upon the promptitude and amount
OF public receipts While your attention has
orcn mus laudably directed, Ia protect the.
public revenue, and To Illustrate the devices
nj Their ir!arIOus ingenuity" tn defIaud IL. IL
h1f nN, al.
law prescribing the time and place of adver-
Using and selliag property under execution
mas Cten made To project our people" from
he " horrid ravages" Of these commissioned
. harpes." They have thus been left so long
IN the unrrstrained pros ecutiOn of their " ne
tarions DEVICES" and the undisturbed enjoy.
ment oi the wages of their success, that they
nn longer esteem the legal fees as IA correct
criterion 10 estimate IFS value TO the nominal
nead OF re olbce bnt are enabled, by the
long "siahihrd and almost prrs~riptivc priv
itgt oi pecuiatlun, to farm il AT the full amour,
OF thnsp fees Il
! Among the very many and c-yic~ abus-s
which havc hPen ana are now ..-ac;iscd upon
our people" 1t IS the purpose of this paper
10 "IeT some remarks upon one by which an
incaicnlahlr amount has been 6Iched or ex-
| '"iird rom the nrcessIi0us, te pamper the
vices at those who have employed their ne
iarious ingenuity" TO render the inprovidence
OF me InprovIdrnt still more improvident
and the mIslOrtunes of the unfortunate still
more unfortunate! IL relates To the commits
| sIons received upon eyecutions-AIthnueb
there are many imposiiions practised upOn
the subject of commissions, = will perhaps he
best to cOnfine ourselves at present TO one
/ ana should that one receive the favorable no
ice OF your official attention, others will be
successfully pointed out and submitted to
your remedial powers.
| II Is u practice with the sherifs of this part
! ot the country, wbenryera forthcoming bond
! IS forfeited, not only tO receive the commits
slons inclnded in such bond, bat also commits
s'pns under the second Judgment, upon the
principal costs AID commissions of the first
rms claim OF double commissions upon the
collection OF one and the same debt is TN.
supported by statute, and at war with the
general principles aufhorising them. qhe
only provisions Of orr laws, which secure the
sherits' commissions, are, " the sheriff may in
ciude has commissions in the forthcoming
bono: Tor proceeding to sell, when lhs
| property Is actually sold, or debt paid, he
shall be allowed" &c. The first Of these pro-
visions IS Justified by the plaintiff being made
the obligce Of The forthcoming bond, and 4
entitled by his judgment to security, for All
costs which he may incur That either plain.
| III OF snerlh acquires an ubSOttte claim "a
the commissions so included is disprDged
by another provision, which ri Express terms
inhiblts their reception, unlees the bond be- for.
fitted. The other provision, however, IS tn,
hinge upon which this question turns. I" Foi
proceeding 10 sell, whe' the property is actu.
ally sold or money paid. he shall be- allowed
&C." This cl1Hse Of the law establishing fees
evidently IS intended 20 designate a parirula
service, for which commissions shall he allowed
distinct and apart from all other official acts fo