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Letter to Editor September 30, 1775

The Virginia Gazette

Richmond, Williamsburg, Richmond County, Virginia

What is this article about?

Adam Stephen defends his actions as sheriff in the debt case of Hunter versus Hite, accusing Jacob Hite of dishonesty, breaking promises, and obstructing justice through replevy and jail rescue in colonial Virginia.

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Full Text

To Messrs. Dixon & HUNTER.

GENTLEMEN,

As a plain Narrative of Facts would have perfectly confuted all the groundless Allegations Mr. JACOB HITE has virulently set forth, so injurious to my Character, in Mr. PINKNEY's Gazette of July 6th, and in several Hand-Bills, I intended to have the Case of HUNTER versus HITE printed: It would then have rested with the impartial Public to determine on the Justice of my Proceedings, as well as on the extraordinary Conduct of Mr. HITE in that affair. It will then appear who is possessed of the Effrontery he imputes to me; it will also then appear who has violated the Laws of their country, and that Nothing is sacred to Mr. JACOB HITE, but sacra auri fames.

Being called abroad at present, on Business of great Importance, this must be deferred until my Return.

Lest Silence in the mean Time should be construed, as formerly, into a Confession of those illiberal Charges, I must beg Leave to inform the Public, that, having taken but slight Security of my Deputy Sheriff, and suspecting that he had made me liable for the great Sum of L. 1600 Sterling, by trusting to JACOB HITE's Word for Delivery of the Effects on the Day of Sale, Mr. HUNTER at the same Time suspecting my Collusion with my Deputy, and JACOB HITE to keep him out of his Money-I beg Leave, I say, to inform the Public, that I did necessarily interfere in that Affair, on Purpose to have Justice done to an honest Man, as well as to save my own Character and Estate.

But I did not interfere until several Venditioni Exponas had been issued, until Mr. HUNTER had been several Times insulted and baffled on the Days of Sale, and until I had at last procured a Number of Purchasers, with ready Cash, from PENNSYLVANIA, MARYLAND, and VIRGINIA. These Purchasers assembled at the appointed Day of Sale, and the Effects might have been sold to the greatest Advantage; but JACOB HITE would not produce a single Article that had been executed, and told the Company that he had replevied with the Deputy Sheriff.

It is necessary to remark here, that JACOB HITE had given it from under his own Hand to GABRIEL JONES, Esq; Attorney for Mr. HUNTER, that he would not replevy, on Condition that Mr. HUNTER granted him five Months Indulgence after the Judgment obtained, before he issued an Execution. This Indulgence was granted, and more, by Mr. HUNTER's Permission.—The Court of FREDERICKSBURG would not admit my Deputy's Return of a Replevy; another Venditioni Exponas was issued, and put into my Hands by Mr. HUNTER's particular Directions.

Hence I thought it my Duty to act; and having, by several Persons, sounded JACOB HITE's Intentions, I found that he would not deliver up the Effects executed.

I took several Men of Reputation with me, unarmed, and seized on Part of the Estate that had been executed, without any Tumult or Violence; gave a Receipt to THOMAS HITE, the Son of JACOB, for the Effects I had taken, to be sold towards discharging the Execution of HUNTER against HITE. Notwithstanding this Receipt, THOMAS HITE, two Days afterwards, at the Head of a Banditti, went and broke open the Gaol where the Negroes were kept, rescued the Negroes and Horses, tied the Under Sheriff and one of the Guard, carried them to the house of JACOB HITE, and kept them tied there a Night and Part of two Days.

As soon as they could be got ready, a Number of the Negro Fellows and Horses were sent off towards the Southward, under the Conduct of a Fellow that had belonged to John HITE, the Son of JACOB. This Fellow had been active in breaking open the Gaol and rescuing the Negroes, and was therefore reckoned a proper Person to conduct them: It was he that had the Pass.

This can be proved by several respectable Persons, who retook the Slaves and Horses about twenty five Miles towards CAROLINA; and these Fellows were afterwards retaken seventy Miles towards CAROLINA. It is to be observed, that JACOB HITE had purchased an Estate in CAROLINA, or rather in the CHEROKEE Country, and has a Son there who manages for him.

As to the Injunction Mr. HITE complains of, I requested him to let the Judgments he mentions go towards discharging of Mr. HUNTER's Execution, which he refused. It is true, after the Injunction was obtained, he desired the Coroner to get a Receipt for them; but I can prove, by the same Coroner, that I offered a Receipt in Part of Mr. HUNTER's Execution, provided Mr. HITE gave me an Order to pay that in Part to Mr. HUNTER.

My Attorney told me that I could not, with Propriety, give a Receipt without that Order, as the Injunction was depending.

Besides, I was well acquainted with Mr. HITE's insidious Chicanery and Evasion.

The Estate that came to my Hands was well sold, I may say, in Spite of Mr. HITE's Teeth, designing to buy every Thing at an under Rate himself. In Order to defraud the Creditor, he forbad the Purchasers to buy, and sued every one of them as soon as they had purchased. Near an Hundred Suits are now depending on Account of that affair.

Mr. HITE seems uneasy, lest Mr. HUNTER has not received the Money for the Sales. I wish he would pay Mr. HUNTER the 1000 which yet remains due on that Judgment. Mr. HUNTER is in Possession of all the Sheriff's Returns and Account of Sales, and can best tell what Money is due upon that Account.

It will appear, by the above Detail, that Jacob Hite is so void of Honour and Integrity that he is not to be bound by Promise, either in Word or Writing: Instance his Promise to the Deputy Sheriff for the Delivery of the Effects, and his Promise to Mr. GABRIEL JONES not to replevy upon being granted the five Months Indulgence,-He seems to promise only with a View to deceive.

It is likewise to be observed, that besides the groundless Imputations thrown out against me with licentious Virulence, the Hon. the General Court does not escape him; he accuses them of Partiality, and charges the Court of FREDERICKSBURG with being arbitrary.—I am sorry to be obliged to give the Public the Trouble of attending to private Disputes, and am

Their humble Servant,

ADAM STEPHEN.

What sub-type of article is it?

Persuasive Informative Provocative

What themes does it cover?

Crime Punishment Morality

What keywords are associated?

Jacob Hite Hunter Vs Hite Sheriff Execution Replevy Debt Collection Jail Rescue Character Defense Colonial Virginia

What entities or persons were involved?

Adam Stephen Messrs. Dixon & Hunter

Letter to Editor Details

Author

Adam Stephen

Recipient

Messrs. Dixon & Hunter

Main Argument

adam stephen defends his interference in the hunter vs. hite debt execution as necessary to ensure justice and protect his reputation, while accusing jacob hite of deceit, violating promises, and obstructing the sale through replevy and violent rescue.

Notable Details

References To Venditioni Exponas Issuances Replevy By Jacob Hite Despite Written Promise To Gabriel Jones Jail Break By Thomas Hite And Banditti Attempted Flight Of Slaves And Horses Towards Carolina Injunction And Multiple Lawsuits By Hite Against Purchasers Accusations Against Courts' Partiality

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