Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-12-03


-tenant, Goyer.er aad the Legislature may provide
tof tic of removal death or similar Inability of
the Lieutenant Governor.
And the fifth Resolution having been read, as fol-
''Rcsoved That the sheriffs of the different coun-
ties IN the Conmonw ealt shall hereafter be elected
by the voters qualified 10 vote for the most numerous
brdnch OF the Legislature"
/ MIR. HENDERSON moved to strike out this reso-
luton.
i Mr.. NNLon then rose and spoke as follows:
/ Mr. CEAIRMAN:-Asi 1t is expected that the advo-
Gates tor each provision to be introduced into the
Constitution SHOULD say something III support of 1t,
and show some cause for its adoption and as it
on my motion that this one reported, think it
incumbent upon to state the consideration which
prevailed IN tile Committee, and which think ought
prevai! generally III favor of this provision. In do
Ing this shall he as brief possible. 1t is essential
to the character OF republican government that the
people with WHOM or IN whom is all tho power should
have the appointment OF all their officers or public
unc !onarlcs, either directly or Indirectly Now there
Is not an officer under this government so far so
entirely rciiovcd from the control of the people as
sheriff Thy have agency in his appointment, c-
tlcr directly or Indirectly he is Il creature OF the
county courts, and tie county courts create them.
tscvcs. They perpctuatc their own body. and have
become what is called inpcrll:n III impcrin. They
have also by long usage appropriated the Office of
sheriff to themselves, although there is not word in
the Constitution which indicates such Il mcan,nr.-
They have Just smuc!i right appropriate the clerk
ship TO themselves the sheriilay 1t is nothing
more or less chan otucn en- Will tie now
Ter mt goou o! The
have taken to themselves the whole benefit of IT, and
do Eow exercise it for tiicr own use and cnolurnent
They avc estabhshcdan order Things am ,nr them
SeTes by which they take this office III IL kind of ro-
tat-on And 1t is now the universal practice with
every Of those count cour. magistrates who re
ceivcs the Office to sell it for the highest price he can
outaln, aud III some Instances, have been nfnin-
ed, this has been done at public auction, Tins hos
raised up ano her class of officers called deputy slcr
IFS, many OF whom are worthy mad resrecabir cor
rect anu uprIghtnhc discharge of their duty, though
from circumstances they are all exposed strong
temptation. And where any disposed 10 Weld to
this tcnrptatlor, there strat ION III winch if can
DC done 10 so much advantage with so much impun-
ity. And unfortunately there arc too many who do
SO yield. And account of The il cit gains which arc
10 be made IN that office, many OF those who farm tile
ofhcc give more Tor 1t than the whole fees would
amount to, which is manesty done upon the ca'cu-
ation OF Indemniiypg themselves by peculation and
eNactlons IN one shape other from unfortunate
. debtors 10 large aiount. Yes, Sir and bv this
means the mistortu,ies OF the unfortunate are every
day aggravated to an extreme degree The sheriff
by delay in the first instance dscourarcs the creditor
or plaintiff in much that he sells 10 the DEPUTY his
whole claim at discount Of perhaps 25 per cent
The sale is then forced, which was always DELAYED
before and the property purchased by the deputy or
Tor his benefit at oneteurth Of It's value perhaps 1t
Is immediately resod to the debtor at its full value
on short credit taking bond and good security for
: the amount This bond is immediately put in suit
When dae, and then another round Of shaving and en-
ortlon takes place, and perhaps again and again until
the original debt is doubled trcblcd But this is
one only of those numerous devices to nratrf ranaci
ty. These men who have been some time linus Gu
gagged look ahead and secure the office for number
OF years IN advance. The longer they hold it the
more adroit they become in their cytortons until
they become the perfect lceches of society. 1t is in
this office alone that the bold and daring usurer can
escape 1t throws around him protection which tho
law cannot or does not remove and 1t is here alone
f mat me laws against usury are totally Inefficient
Ihus II Is tlat who wish follow the practice
of sllaving eXacng unlawful interest for Their mo-
ncy seek the Office of deputy sheriff. the only stu
alton where It can be carried on-witll mpunty It
may be inquired why these peculators nun;sh
81 edand why not the law put in force tbor,,
The answer s,that the oaly persons to but this law
IN force are always so much i'll the power of those
usurerS and eXtortioners that they dare not comnlo
If the sheriffs elected by the people these
mites could not and would not take place; for al
though those men might escape from the bar of pub
nc justice yet they would be taken up tried and con-
demned at the bar of public opinion and none sucb
would be permitted to hold the Office
But it will be objected that to make the sheriff oil
gibie by the people would be increasing the turmoil
, and turbulence of popular elections from which J
ger is apprehended. For nv part do no, annrbn,
the danger so much. Erenin the States of New YorI
and Pennsylvania, which are held up TO rs ne f,iabt
inl examples OF popular ELECTIONS do not see that so
much evil has resulted Where there is The v;,al;I,
of liberty, there will be the vvacitv of liberty 1
this is far preferable TO the calm that reirns in ,hoo
governments where there is no liberty, where it's ircs
are iePressea ana eutied deeply within the mountain
as 1t were, until with concentrated violence thev byst
| into volcano. Garry those fears decree fnrthnr
and 1t may be found convenient and safe to denriye
the people of all claims, and TO save them from the
trouble and demoralzing Influence of choosing any of
! ther public cnctlonaries. But there is certainly,
much more danger in this fear than all which rivcs
rise to It, would rather drink Of the rapid mountain
stream although it may sometimes be turbulent and
sometimes overflow its banks, than to drink at tie
stagnant pool which breeds pestilencc md dootb -
The one is an apt representation of frcomen in the
exercise OF their rights the other Of an all parayzn
desPotsn. Moreover, am Compelled to say thaf
there IS something In the Virginan character which
secures us against all apprehension of those cxcesc
which have been held up to us as resulting from noDu
lar elections in some States to the North The peo
pie IN these last mentioned States arc much more
mixed; the native American there has been much AL
ioyed with material which makes it more variable
and unstable: Not so with tie n-nnln of Nira:r;a