Madison Whig advocate. [volume] (Canton, Miss.) 1839-1841, 1839-08-31

respect for the public feeling, or from
The fact that the Court House was no,
surrendered TO him, and as was well
convinced that lands If sold would be
sacrificed; did as | would do again. de-
iay and postpone sales with the view 10
see what steps The Cove rnor would take
lie 1t seems has not and will moi fake
any Of course by the next term, with
deep regret, however,, will be constrain-
cd 10 do my duty and TO sell. knowing.
however, at the same time that IN SO do
ing the interest OF The creditor will be
Il PreIndIced, and the debtor ruined: but
this | viii not do until the time comes
when find il actually necessary to save
I myself and discharge my duty BY the
4 next term. Here let me remark that a
notion has got out thai broke up the
Court last spring. did not-the Judge
stated that il was unlawful to hold Court
in any house except the Court house.
which was refused to him. believe he
decided correctly, but 10 show that was
not inclined TO disturb the current Of
justice, or break down The law, did open
the Court at he special term last winter.
did not believe it belonged to me 10
Judge whether it was legal or not. If it
4 80 tNrttt 1tbChs nOnCSGi. To DOiu tHt
Court, in any house other than the Court
house, it surely was legal to do so al the
1 spring term. Yet the Judge changed
his opinion; in such an uncertainty,
1 therefo fore, of judicial action, it is not TO
be wondered that if | in the discharge of
the duties OF my office, have not. at all
times, been enabled TO foresee the re-
suit Of the versatility of the Bench.
In truth, half my time | did not know
what To do; for when legal principles
are continually changing aud the Sheriff
liable under each one, il is easy 10 con-
template the perplexi'y and responsible
~ OF the Office which | have held by
your suffrage, and now seek again.
81. have been charged with failing
10 pay over money. | will explain this
In many cases Judgments have been
rendered against persons who have taken
the cases TO the Supreme Court on writs
OF error or appeal; these judgments have
been affirmed, and new executions issu-
ed on them, but in the mean time, Iudg-
ments have 0een rendered against the
same persons IN favor Of others, and ex-
ecutions on both came into my hands.
part of the money has been made but
not enough to pay both How can ! tell
to which execution the Court will place
this monev2 If pay IT over to the one, |
will be moiiOned against under the other,
for have been dunned BY both parties,
and as to my guessing what the Court
will decide is requiring much more
than ought 10 he expected ofme. and | re-
solved TO retain the money in such cases
until the Judge takes lie responsibility !
IN ~, 10 r I, .
wrliS shall be first discharged. Again. I
IN many instances, securities in appeal 7
bonds were sued while the appeal was
pending and Judgment rendered against |
them; the appeal dismissed and execu-
tons placed in my hands on both iudg- /
mcnts and part of the money made
How can say to which the Court will |
assign the money? Both parties demand /
il; both parties say they are entitled to /
it, and both say that am bound to know
the law believe do in most respects,
but do not know what Judges may de-
eide to be law; and if should pay the
money in such cases TO one party, and |
the Judge differing in opinion with me,
should eide that was bound to pay ii |
to the other. in many instances would
loose the whole. as many Of them are
u
shall retain in safe keeping until am di- /
rec,ed 10 whom must pay it.
Sd am charged with failing to take
good and sufficient security on lorthcom-
ing bonds. This charge is false. will t
again cxpain-many executions came
into my hands; forthcoming bonds taken
securities who held lands worth SEQ per
acre at the time, when if ii bad been es-
iimaled at So per acre, the debt would
have been amply secured; the hard
times came on; some of these lands |
sold for SIX bits per acre, at public sale.
The plaintiffs in the executions would
mol appear and bid and rs was bound
to sell, done so. but not without much
reluctance; these lands being sacrificed,
the debt remained only partially dis
cha rged. and now | am blamed for not
paving to such creditors the balance j
creditors who have, BY an unnecessary
and very inludicious Impotence, driven
from the Safe very many industrious
aud useful citizens. who, under the influ-
ence of the best feelings signed their
neighbors paper; and not only driven
Them off, but sent hem adrift pennviess,
their prope rtv sacrificed. and tie debt
sill hanging over them, when at the
same time this sacrifice awaited the
heartless crteliior nothing. Such creai-
tors now say that am bound for all the
money in snch cases, for not taking good
security. will say to the public (not
To theni) this: the law is, that if he Sc
euriiies which an officer takes is good al
h.. lime he Ia kes him. he has dlschat ged
his duty, aud If from unforeseen even
he becomes ipsoIveHf. or from the evil
policy OF the country. his property Is
sacrificed at public salc.-ihe loss must
fall on The man who gave the credit; u
is one incidental To commerce; bnt II
would be shockingly ridiculous 10 sup
pose that the officer should be response
Bile for the perpetual solvency OF all the
country. You might us well make him
responsible for earthquakes or lorna
does. Such supposed liabilities ! never
,.-,H ,,,,- hnr.. n, defiant fbc Advocates