Alabama Gazette - The people's voice of reason

Office Of Sheriff

 


A past issue of “SHERIFF” magazine had an article titled “Roots”, a historical perspective of the OFFICE OF SHERIFF. This article was one that gave a good perspective of the History of the Office of Sheriff. I would like to pass on parts of this article to you this month.

The first of two important characteristics that distinguish the Office of Sheriff from other law enforcement units is its historical roots. In England, the sheriff came into existence around the 9th century. This makes the sheriff the oldest continuing, non-military, law enforcement entity in history. In early England the land was divided into geographic areas between a few individual kings-these geographic areas were called shires. Within each shire there was an individual called a reeve, which meant guardian. This individual was originally selected by the serfs to be their informal social and governmental leader. The kings observed how influential this individual was within the serf community and soon incorporated that position into the governmental structure. The reeve soon became the Kings appointed representative to protect the King’s interest and act a mediator with people of his particular shire. Through time and usage the words shire and reeve came together to be shire-reeve, guardian of the shire and eventually the word sheriff, as we know it today.

The Office of Sheriff grew in importance with increasing responsibilities up to and through the Norman invasion of England in 1066. The duties of the sheriff included keeping the peace, collecting taxes, maintaining jails, arresting fugitives, maintaining a list of wanted criminals, and serving orders and writs for the Kings Court. Most of those duties are still the foundation of the sheriff’s responsibilities in the United States. The responsibilities of the Office of Sheriff in England ebbed and flowed depending on the mood and needs of kings and government. In 1215 the great document of freedom, the Magna Carta, was reluctantly signed by King John. This document had 63 clauses, 27 of which are related to the restrictions upon, as well as, the responsibilities of the sheriff. Through the passage of time, the English sheriff began to lose responsibility and power, and by the early 1800’s it became largely ceremonial.

The concept of sheriff, because of the vast British Empire, was exported to places such as Canada, Australia, India, and of course, the American Colonies. In America, the office was modified over a period of time to fit democratic ideals. The Dutch settled the area called New Amsterdam (New York City) in 1626. The Dutch version of the sheriff was called a “schout.” When the English claimed the land, the schout became the sheriff. In the other American colonies, following the pattern of English government, sheriffs were appointed.

The first sheriff in America is believed to be Captain William Stone, appointed in 1634 for the Shire of Northampton in the colony of Virginia. The first elected sheriff was William Waters in 1652 in the same shire (shire was used in many of the colonies, before the word county replaced it.) The sheriff’s office in America was much less social, had less judicial influence, and was much more responsive to individuals than the English Sheriff. The duties of the early American Sheriff were similar in many ways to its English fore- runner, centering on court related duties such as security and warrants, protection of citizens, maintaining the jail, and collecting taxes. As the nation expanded westward, the Office of Sheriff continued to be a significant part of law enforcement. The elected sheriff is part of America’s democratic fabric. In 1776 Pennsylvania and New Jersey adopted the Office of Sheriff in their Constitution. The Ohio Constitution called for the election of the county sheriff in 1802, and then state-by-state, the democratic election of sheriff became not only a tradition, but in most states a constitutional requirement. In the United States today, of the 3083 sheriffs, approximately 98 percent are elected by the citizens of the counties or parishes.

The early American Sheriff was important to the security of the people, and was granted much power. There were many sheriffs in the early west and a few did not live up to the standards of the badge they wore. The vast majority served with courage and distinction. The author of this article believes the longest serving Sheriff in the United States thus far has been Bernard Shackleton, Lunenburg County, Virginia who served for a total of 51 years. Possibly the longest serving sheriff in Montgomery County, Alabama, has been Mac Sim Butler who served for over 36 years. I have had the honor of being your sheriff for almost 16 years.

A second characteristic that sets the sheriff’s office apart from other law enforcement agencies is its direct accountability to citizens through the election of the Sheriff. The Office of Sheriff is not a department of county government, it is the independent office through which the Sheriff exercises the powers of the public trust. No individual or small group hires or fires the Sheriff, or has the authority to interfere with the operations of the office. Elected sheriffs are accountable directly to the constitution of their state, the United States Constitution, statutes, and the citizens of their county. The sheriff should naturally do his best to work with all entities because it is important in a democratic society. The sheriff must work with all segments of government to serve and protect the citizens of the county.

The preservation of the Office of Sheriff is vital in our republic. Outside a few elected town marshals, the Sheriff is the only head of a law enforcement agency in the nation that is accountable directly to the people of his jurisdiction.

 

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