Tuesday, April 2, 2013

Ancient History and Modern Constitutional Powers of American Sheriffs (Part 2/2)

Canada Free Press
April 1, 2013

This essay offers the second part of the history of the American sheriff. The essay contained a history of the original sheriffs—England’s shire reeves— “the oldest appointment of the English crown.” America’s own sheriffs are a continuation of Britain’s, after which the British variety lost almost all of its power as the US type blossomed.


Now that the federal government has announced ambitions to limit gun rights, amongst many other new powers, a constitution-oriented group of sheriffs—the Oath Keepers—has decided to nullify these laws instead of applying them. It is quite possible that these Rogue Sheriffs represent the last vestiges of federalism and separation of powers meant to protect the citizens from an American tyranny. It is therefore quite fitting that the old West, independent lawman is being revived and updated to help save the American Republic. This article describes their rise, establishment and continuation as perhaps the last bulwark against Washington, DC tyranny.

I. History of Sheriffs of America

A. First American Lawmen—Marshals

After the position of the sheriff in England became the supreme local power, and England grew in global might, the sheriff became an important position throughout the British Empire. Yet the first US law official was not the sheriff, but a marshal in the Chesapeake Colonies, according to the Corrections History website:

The government that took hold in the American colonies was in many respects an adaptive form of English government. The first form of law enforcement on the continent was not the sheriff but provost marshals and marshals who operated under a central authority for military matters from 1625 to 1627.

B. Virginia’s First US Sheriff

This is how sheriffs came to be established in the USA:

In 1634, Virginia was divided by statute into eight shires, or counties. Along with the shire form of government came the administrative position of sheriff. William Stone became the first sworn sheriff in America when he was appointed the sheriff in the County of Accomac. The first sheriffs and other county officials in Virginia were selected from exclusive groups of large land holders within the counties. They were typically the most influential men and were able to hold more than one county office capacity at a time. William Stone served two consecutive terms in 1634 and 1635 and also served as a county commissioner during most of this interval. In 1648, after a distinguished multiple career in local government, Stone moved to Maryland where he was appointed governor by Lord Baltimore.

CONTINUED:   http://canadafreepress.com/index.php/article/54176?utm_source=CFP+Mailout&utm_campaign=275d199b7a-Call_to_Champions&utm_medium=email

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