CHAPTER III

A CREATURE OF TRADITION

It all came about in this way:

The first settlers in the permanent Virginia colony found a climate

that was mild and a soil that was fertile. Numerous rivers radiating

through the country furnished a natural means for transportation.

Indians were not a serious menace. The settlers themselves were of the

landed gentry, closely identified with the established English Church.

Out of such a combination a very definite polity inevitably grew. The

people were destined to spread themselves far and wide; agriculture was

to be their chief pursuit; little government would be needed and the

forms and substance of democracy would have at best a slow growth.

For many years the local government consisted primarily of small groups

of settlements which were called hundreds or parishes and were presided

over by a vestry of “selected men.” When the plantations were large and

scattered, government was sometimes supplied by the owners themselves.

But in 1634 in Virginia, the example of English institutions took

firmer root and eight shires or counties were formed and made the

unit of representation in the colonial assembly and for purposes of

military, judicial, highway and fiscal administration. The officers

were the county lieutenant (the militia officer), the sheriff (who

acted as collector and treasurer), justices of the peace and coroners.

All were appointed by the governor of the colony on the recommendation

of the justices, and the latter thus became a self-perpetuating body of

aristocratic planters controlling the county administration. This body

of appointed justices constituted the county court, which to this day

in some of the southern states is not only a judicial body, but also

corresponds to the board of supervisors or the county commissioners in

other localities.

Such was one line of descent. The Virginians, like most of their

contemporaries, knew little and cared less for political science.

They simply turned to their English experience, pieced together some

old-country institutions and adapted them to the new world. Their

experiment succeeded for the time being at least. It could scarcely

have failed under such simple conditions.

Of quite a different sort were the influences at work in New England. A

severe climate, a rocky soil and menacing Indians drove the colonists

into compact communities, where they could live by shipping and

fishing. They too were fortunate in striking an environment that

rather exactly fitted their old-country experience. For they were

a homogeneous, single-minded body of people with firm traditions of

democracy and a common religious faith. From the congregational form

of organization that was characteristic of the Puritan movement to

the town meeting for purposes of civil government, was a single easy

step. Thus the “town” idea came to hold the center of the stage in New

England local affairs. But it never had the all-sufficiency in its

sphere which the county had in the South, and even New England had to

recognize a need for more comprehensive subdivisions. And so, in 1636,

Massachusetts was divided into four judicial districts in each of which

a quarterly court was held. In 1643 four counties were definitely

organized, both as judicial and militia districts, and before the

middle of the century there was established a system of representative

commissioners from each town, who met at the shire town to equalize

assessments. The office of county treasurer was created in 1654. Later

a militia officer was appointed, and within a few years county officers

were entrusted with the duty of registering land titles, recording

deeds and probating wills--functions transferred in part from town

officers and in part from the governor and council.

So from Virginia and Massachusetts flowed the two streams of

institutional influence, the former tending to make the county the

exclusive organ of local government, and the other emphasizing the

town. Maryland, though it had started out with a somewhat special type

of organization borrowed from the County Palatine of Durham, with its

manors and hundreds, later came under the sway of Virginian precedents

and three counties were established there in 1650. The Carolinas, which

were not thoroughly organized until the eighteenth century, followed

the Virginia plan in its main outlines. Georgia’s development was not

well begun until after the Revolution. Connecticut, Rhode Island, New

Hampshire and Maine all followed the lead of Massachusetts, though the

first two of these states minimized the importance of the county to an

even greater extent.

To these two lines of influence the central states added the idea of a

distinct administrative authority, which was composed in New York of a

new body made up of the supervisors of the towns, in New Jersey of the

local assessors and in Pennsylvania of special commissioners. These

new departures were established in the latter part of the seventeenth

century. In all of these states, it should be noted, the township also

existed for a limited number of purposes, such as the care of the poor,

for election, administration and for purposes of taxation.

The westward movement of population had begun before the Revolution.

Following in general the parallels of latitude of their native

soil, the pioneers carried their local institutions with them for

transplantation, regardless of the wholly different underlying

conditions that now confronted them. In their closely populated,

homogeneous settlements the New England pioneers that crossed over into

the Western Reserve had been accustomed to act through town meetings.

Nothing would do now but a reincarnation of the old institutions. The

six-mile rectangles into which the surveyors had divided the western

territory gave them their opening. There was accordingly developed in

the open prairie among the isolated homesteads a unit of government

that at least superficially resembled the old New England town. It was

but a geometrical expression, to be sure, but the mere shadow of it

seems to have given satisfaction. But in 1802, when the state of Ohio

was carved out of this territory, this exotic growth was cut short

and the “county-township” system of Pennsylvania was adopted. Indiana

followed Ohio in this step and the system came to predominate in the

Middle West, as for example, in Iowa, Kansas and Missouri.

The instinct for harking back to precedents appeared also in the

early history of Michigan. When it was organized as a territory it

was divided up into counties. But in 1825, under the stimulus of

immigration from New York where the township-supervisor plan was in

vogue, townships had to be established for particular purposes to meet

the prevailing demand for this type of self-government.

In the South, Kentucky and Tennessee took their cues from Virginia

and established the justices in control of the county administrative

affairs. Mississippi and Alabama took Georgia for their model.

In Louisiana, the parish authority corresponding to the board of

supervisors or commissioners is the police jury, which is elected by

wards very much on the principle of the New England town.

In the country beyond the Northwest Territory, the clash of New England

and southern influences was met by an interesting compromise. In

Illinois, for instance, the earliest settlement had been made under

southern auspices. The county type of local government was therefore

established, but of the style employed in Ohio and Indiana rather

than in Kentucky. In 1826, however, the justices were made elective

by precincts and later the township was made a corporation for the

purposes of school, road, justice and poor relief administration. By

1848 the “town idea” had grown strong enough to force the adoption of a

provision in the new constitution for a plan to afford each county an

option between the two systems. The northern counties quickly adopted

the township plan, while the southern ones clung to the original

forms. Wisconsin at an even earlier date (1841) had effected a similar

compromise which, however, was swept away seven years later when the

township system was made mandatory by the constitution. At a later

period Missouri (1879), Nebraska (1883), Minnesota (1878) and Dakota

(1883) permitted the adoption of similar optional laws.

In the new Southwest, the Northwest, the Rocky Mountain region and the

far West, owing in part to the comparative sparsity of settlement and

in part to the thinning out of the definite historical influences, the

county has acquired a greater importance than anywhere in the country

and the towns or townships, while they have been erected in a number of

the states, play but an insignificant part in local government. When

Texas became an independent republic, the American county system was

substituted for the earlier Mexican local government. Before the middle

of the nineteenth century counties had been established in New Mexico,

Utah and Oregon; ten years later in Nebraska and Washington; by 1870 in

Colorado, Dakota, Montana, Idaho, Wyoming, Nevada and Arizona.

And so, the institution of the county has been driven westward in

obedience to precedent and through the instinct for imitation. Of

thoughtful foresight, of definite planning for a serviceable career,

about the same measure was applied as in the case of Topsy, who “jest

growed.” It could not be otherwise. Local government in pioneer days

had to be thrown together more or less on the “hurry-up” plan. On

the western prairies as in colonial Virginia, public needs were so

limited that it really mattered comparatively little what agencies were

employed.

Counties once established acquired a tendency to “stick” tenaciously to

nearly their original form. Even in the seventeenth century the county

in England was well into a decline. Its disintegration had begun with

the growth of populous centers, that demanded more government, both in

quantity and in variety. The seven Saxon kingdoms whence counties grew,

had ceased to be either natural or convenient self-governing units.

In a later period they have ceased to be even important subdivisions

for the central administrative departments, and they have been crossed

and recrossed by the lines of sanitary and other districts until the

original county may be said to be scarcely distinguishable.

In America even sharper and more pervasive social forces have been

assaulting this ancient institution. In our thinking of the Industrial

Revolution it has been customary to dwell upon its effects in urban

districts. This movement made the modern _city_. But its effect

did not stop there. Modern mechanical devices have also made the

original county boundary lines obsolete. Steam railway lines have

brought into close communication points which were once too distant

to be traversed easily and often, under all sorts of conditions.

Electric railways, in many instances have supplemented the process.

The automobile, particularly of the cheapest type, has brought within

easy reach of the court house points which a hundred years ago, when

the stage-coach was the standard of locomotion, were too remote for

frequent communication. And, finally, the extension of mail facilities

and the telephone have minimized the importance of face-to-face

business intercourse beyond anything ever dreamed of when counties were

first made.

Counties as we see them on the map often fail to take account of the

sweeping changes in the character of populations. On the western

prairies they were formed for a sparsely distributed people following

chiefly agriculture. In the midst of these regions at numerous points

have sprung up great centers of manufacture and commerce like Chicago,

Kansas City, St. Paul, and Omaha. In their train have followed the

multifarious problems of the modern city, which require a very

particular sort of governmental treatment.

To these conditions the county as an institution has consistently

maintained an attitude of stolid indifference. Division of old counties

goes on from year to year. (Bronx county separated from New York in

1914, to the accompaniment of a costly new court house and several

hundred new jobs and no benefit to the taxpayers and citizens except

a heavy increase in taxation.) But who can recall two counties that

have consolidated? Such an exhibition of modernity and of the spirit

of progressivism it is apparently not in the nature of the county to

afford.

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