The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1841-10-23


Of securities who lived out of Madison
county, particularly in such important
cases. The rule was founded in wisdom,
and absolutely necessary for the safety
Of Sheriff in such times as these. II IS
difficult for him to. watch the records even
in his own county, and those of the re-
daral Court, to see whose property IS
bound by forfeited forthcoming oonos
and Ghe liens. For him to know tne
s0lvency Of individuals who 1--we Ia o'n,
4sr counties, even though they snouad
have .seivhty or ninety negroes would
he impossible. His own safety ana tna1
NJ his SECURITIES. require an adherence
- Ibis rule. And no citizen of this coun-
~ who has been honest SO long as Mr..
Tinnin says he has, ought to grumbie al
Il. for such men ought to be able. with
out difficulty, to find securities IN the
county. Yet,strange TO say,he has been
able TO offer but one who had ''eighty or
ninety negroes" to which the Sheriff
thought he had not an indisputable and
clear title-and another fellow who has
conveyed away all his property, and TINS
too, although he and his "mutual TREND
made it is SAID, many earnest applications
TO others for aid in this way.
Since he was disappointed in his M
tention to run off his property,or at least
the small portion that was left, Dir. I'm
nin has become great stickler for doing
things ain strict accordance with law
Now, in what page or section of our sta
tutes does he find authority for Sheriff
TO take liens or mortgages either on per-
sonal or. real estate as security in reple-
Wy bondsf Until he and his ''mu,ual
friend" make the grand discovery shall
deny that the Sheriff had any legal au-
thority to take lien on even a thousand
negroes as security in a replevy bond.
No doubt Mr. Tinnin thought, and he and
his prime minister are endeavoring to
make the public think, that Mr.. Hamblen
was hard-hearted and even corrupt for
not taking lien on eighty or ninety ne
groes to secure the payment of the small
sum of SCI, 200. But let us see how this
matter is. 1t is believed to be suscepti-
bic of the clearest proof, that at the time
the said "Col. VIM. Smith, offered to be-
come Mr.. Tinnin's security and "said he
would interest himself to get back" the
property his (Smith's) liabilities were not
less than SO, 1000 or $50, 900. 1t is believ-
ed that there were liens on his property
for upwards of $4,000 of the amount
first named. According to the present
value Of property, it would require some
90 or 20 negroes more than he owns
to pay his own liabilities, without being
called on to pay Mr.. Tinnin's. Was not
the Sheriff fully justified, then, in con-
sidering this man insufficient security,
particularly when he would be himself
responsible il the security was not good
Every candid mind must admit that he
was. The other two securities lived out
of the county,.
But Mr.. I. says that, afterwards, al
the May Term, l841, of the Circuit
Court, he "applied in open Court, and
rendered the same securities, which were
received BY the Court, and an order made
to restore my property" If he will ex
anime the records of the Court he viii
find that no such "ordcr" was made
"The Court" Judge Nicholson presid
ing was not responsible, as the Sheriff
was, for the su6Ecieney of the securities
"The Court" permitted the securities t,
prove their suficiency By their oWn sol
ann odths. And what was this "same'
security "Col. w. Smiths" statement il
regard TO his sufficiencyi He said h
was "worth $4,000" clear Of debts; h
had "ninety negroes" and his ''liabili
ties" both as principal and security di
ssnot exceed Sae, O0O." These facts wer
noted down at the time, and can be sui
stantiated by the most abundant and ur
questionable testimony. Mr.. Tinnin ha
thought proper to introduce 'sother char
6eteTs to enable the public to form col
rect estimate of the SherifT's conduc
and it is therefore, proper that the Shel
III should introduce other facts in sell
defence, although such facts should stan
in merciless hostility to such "chara,
teFs.'
But, he says, the Sheriff wrote lie
ter to one of his securities informin
him be had become satisfied with the 8
eurities | IT. had offered; that the
were sufficient" This is easily explain
ed. About the first of April l841,
think, | happened to consult some OF tt
most eminent jurists in The State in r
gard to this very question and they a.
vised me to authorize the Sheriff to tai
the securities which were offered on ii
replevy bond, even if | thoughtSsueh s
curities good only for an amonnt equal
the property attached, rather than wa
till the next Term of the Court and stIo
"tbe court" to take special bail as
might probably do, contrary to law, an
permit such bail to prove their suff
cheney by their own oaths. Upon il
curing into the condition of the secur
ties vi no lived in Kinds. | was of oDinio