Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-05-11
From the Lewisburg Chronicle.
I EJscFR FROM i. r. TUCkER

bSA
We publish below a letter received from the Attor
ney General. concerning the eligibility of Mr.. Beard
to the Sheriffalty. We would call particular attention
to that part Of it which refers to the qualification &c
the clause of the Constitution applicable to this case
proposed by tho committee on County Courts, and re
iscted by the Conventions:
RIcHaoSp, April 90, 1858.
misunderstanding question of re.eligibiity of q
Sheriff, after having served for an ureIplred term
and the succeeding full term, Immediately preceding
that term for which he il proposed for election, hss
been asked go often of me, that l have been compel.
ed to examine it with care. Whether the opinion
which | have formed, is correct, must DO sett!ed by
the courts, whenever the question is presented De
fore them. | claim for ii no sanction arising from
my official position; though upon it l should be forced
to act as the legal adviser of the officers OF the State
1t 10 unnecessary now TO go into the reasons Of my
opinion. a brief statement will suffice.
l think the restriction ia upon eligibility, after two
successive elections to the Office. 1t does not refer
to any supposed incapacity Of the officer after election
to discharge his duties, unless under the influence OF 8
desire for another election. The evil IN the minds OF
the Convention, was the effect upon the people OF the
power of the sheriff perpetuating his term OF otice.
on the ons hand; and its effect upon the discharge OF
official duty by one whose appeal was too frequent TO
those over whom iiis power was to operate,o on the other.
The first affected the freedom of popular choice; the
second, the independence Of official action.
This reason equally operateG in the case OF two
successive elections, The one for al unexplred, the
other for q full term. The objection iiea TO eiIg1'
b,iiy, after .wo elections; not TO a capacity to hold,
if he might hUlG, without resorting 10 election. 1t
wss designed to protect tho popular choice rom cor
rupling official influences; and the officer from the
danger of neglect of duty, resulting from repeated
appeals to popular suffrage.
| am confirmed in this view by the journal of the
Convention.
1t was proposed by the committee on county courts
to qualify the restriction in the constitution in Inc
mode now insisted on by adding these words; PRO
vided, however, that appointments to fill vacancies
for an u~nerpted term, shall not come under the oPe.
ration Of this restriction Had these words been in
serted, the case would have been clear in favor OF re-
eligibility.
But the words proposed, were rq'cted. Thus the
convention refused to limit the restriction as passed
and thus left it to operate in all cases of two succes.
sive elections.
MANY other confrmatory We've might be suggested
but these must suffice. My time viii rot allow me TO
add more.
Ii the sheriff be ineligible, it would follow That ne
could not hold the Office, and all hs acts under such
election in the Office would bs invalid. But until ms
successor qualified, he would be entitled to act official
ly by virtue of his previous election.
Lam, with great respect, your oh't servant;
J. r.. TUCKER.