Sheriff of Cape Breton (1862)
The case study under evaluation is entitled “Sheriff of Cape Breton”. It is a typewritten petition concerning the details of the death of the late Peter Ferguson. The petition was written in 1861. It was a representation of the way residents of Cape Breton County demonstrated their indignation about the unfair treatment of Peter Ferguson and his family. In the following paper, the connection between the issues described in document and assumptions of the period will be discussed. Then, the paper will focus on the evaluation of the nature of money. Finally, political and moral implications will be investigated in the last part of the analysis.
Before the evaluation of the paper, it is necessary to define the major concerns described in the case study. Thus, the main problem concerns the refusal to give up the body of the deceased Peter Ferguson to his family. The whole situation is as follows — Peter Ferguson goes home after his work. He is seized by a constable for his debt of four pounds currency. In the morning, Fergusson is found deceased in his cell.
Relatives want to take the body, but Sheriff refuses to give it up unless the whole debt of the late Peter Ferguson is paid. Such a situation leads to the rising indignation of members of Ferguson family and his friends. Consequently, John Hill, the Sheriff of the County, was removed from this position. Nevertheless, the investigation of details and testimonies of all witnesses demonstrates that the situation has several controversies.
It is important to analyse the connection between assumptions of the period and the document itself. The text under consideration can be used for two purposes. First, it gives the readers the general idea about the beliefs and ideas shared in the society of Cape Breton in 1861. Numerous testimonies represent the opinion of the majority of people. Second, the document may be useful for the evaluation of legal practices and the rule of law in Nova Scotia.
The distinctive feature of the whole family’s behaviour is their indignation concerning Sheriff’s decision to detain the body until the debt is paid. According to the case study, the Jailor offers members of the family to pay the debt in three months and take the body. However, all of them refuse to do so unanimously. Even the slightest doubt is not expressed in any of testimonies. It sounds like a usual practice that cannot even be discussed. Thus, the paper reflects the economic status of residents of the area.
Taking into consideration their refusal to pay the debt, one may come to the conclusion that people in Cape Brenton experience financial difficulties. Consequently, they cannot afford to pay the debt of about four pounds currency. This fact may give the hint concerning the general condition of the system of finances in that period as well. As far as the poverty is an integral part of the country, it seems that there is no developed financial system. Members of the family are determinate concerning the refusal to pay the debt.
On the one hand, it seems like they realize that the debt is not of their concern. On the contrary, they may have the low level of social status and do not know about the nature of relations between the lender and borrower. The other important aspect of the case study should be taken into consideration. When Sheriff tries to justify himself, he lays the particular emphasis on the fact that people have not understood him, and he has not understood them.
He assures that he has not meant the necessary payment of debt, but he remembers one old English law that presupposes such necessity. Also, he writes that he has been worried that he may become liable for the debt if the body will be released. Such contemplations and uncertainty exemplify that there is no clear understanding of the nature of debt. Besides, it is obvious that Sheriff faces difficulty in finding the proper law or reason for his actions. Consequently, it is seen that the document under evaluation reflects the assumptions of the period in which it has been produced.
Money seems to the central element of the conflict. The document “Sheriff of Cape Breton” gives the particular notion of the nature of money, especially in regards to the situation described. Thus, it is known that the late Peter Ferguson, on his way home, has been seized by a constable for a debt of about four pounds currency. From this fact, one may assume that money is presented as a factor that predetermines the relationship between people and between individuals and law as well.
Money is a crucial aspect of everyday life, and it can be used for different purposes due to the variety of its functions. In the case study, the issue of money presents their nature as the differentiator of lawful relations. Then, it turns out that money is the primary reason for the refusal to give up the body to relatives of the deceased. In this case, the nature of money can be understood as a source of the social discord. For relatives of the deceased, money may be regarded as a source of evil.
Because of money, Peter Ferguson is lodged in the dungeon that is already occupied by the reputed deserter. Nevertheless, one cannot say that money is purely evil. Money is considered to be a root of progress even in the case under evaluation. Because of the issue, relatives decide to express their indignation. At the end of the case, it is clear that Sheriff is to be removed from his office. Consequently, money turns out to be an impetus for action and desire to protect one’s rights and dignity.
Political and moral implications are the last to be analysed in the document under evaluation. Political implications derive from the fact of the refusal to give up the body of the deceased. As a result, all witnesses provide testimonies, and the lawfulness of Sheriff’s action is doubted. It leads to the removal of the Sheriff from his position. Political implications of the case are closely connected to moral. Thus, Sheriff crosses the concepts of ethical behaviour by refusing to give the body and wounds feelings of relatives.
Such action undermines the morality and respect towards Sheriff. The last remark of Joseph Howe proves the inappropriate behaviour of the Sheriff and his putting the value of money above the value of human morale and respect. Thus, Howe wrote “I am clearly of opinion, however, that no man who could, from ignorance, cupidity, or any other cause, refuse the body to the weeping relatives of a poor man who had died in jail for examination and burial, should; any longer than the Government is restrained by law, have charge of any prison in Nova Scotia”.