CHAPTER IX

_The Courts of Fredericksburg--The Freedman's Bureau--Court Orders and

Incidents--First Night Watch--Ministers Qualify to Perform Marriage

Ceremony--First Notary Public--Fixing the Value of Bank Notes--Prison

Bounds for Debtors--Public Buildings, &c._

If every one in this Christian land was a Christian, and was governed by

the rule laid down and inculcated by the Christ, "whatsoever ye would that

men should do to you, do ye even so to them," there would have been but

little, if any, use for courts in this country. But all people are not

Christians, and all Christians are not governed by that golden rule,

therefore courts were necessary to punish crime, settle disputes, protect

the weak against the strong, secure the widow and orphan in their rights,

enforce provision for the indigent poor, and perform other functions for

the benefit of society and the well-being of the country.

What courts Fredericksburg had before the Revolutionary war is unknown, as

no record seems to have been left of them. In all probability the

successors of Major Lawrence Smith were also authorized to execute martial

law and hear and determine all questions, as a county court might do,

until the town was chartered in 1727 and placed in the hands of trustees.

These trustees had certain powers conferred upon them by act of the House

of Burgesses, and they were to keep records of their proceedings, but

these records cannot now be found and quite likely have long ago been

destroyed.

It may have been possible that the Colonial Governors appointed

magistrates to hear and determine causes within certain limits and to

punish petty offences, while causes beyond those limits and felonies were

heard and determined by the court sitting at Williamsburg. Of this,

however, we are left to conjecture, as no records are at our command. But

if this had been the manner of dispensing justice prior to 1781, it

furnished a pattern for the Virginia Legislature for many years

thereafter with respect to the town, as is referred to elsewhere.

The first court established in Fredericksburg, that we now have any

records of, was by an act of the General Assembly of Virginia, passed

during the session of 1781. At that session Fredericksburg was regularly

incorporated and given a Common Council and a hustings court, but the

court did not organize until April 15, 1782. At its organization the

following justices were present: Charles Mortimer, Wm. McWilliams, James

Somerville, Charles Dick, Samuel Roddy and John Julien, "the same being

Mayor, Recorder and Aldermen of the town," elected to their respective

offices on the 18th day of March, 1782, in the order above named.

This continued as the only court of the town until 1788, when nineteen

district courts were established in the State by the General Assembly, one

of which was located at Fredericksburg. These courts were presided over by

two judges of the General Court, located at Richmond, the number of judges

of that court having been, by the same act, increased from five to ten

judges.

This district court was regarded as a very important court, and was

attended by some of the ablest lawyers in Virginia and adjoining States.

Edmund Randolph, after he was Governor and twice a Cabinet Minister,[47]

and also James Monroe, a citizen of this place, after he was Minister to

England, France and Spain, were attorneys before and practised in this

court. While attending a session of this court, on the 3rd day of May,

1798, Governor Randolph published the following card in the _Virginia

Herald_:

"My business in the Court of Appeals and High Court of Chancery render

it impossible for me to attend _constantly_ the district court holden

at this place. I have, therefore, come hither, during the present

term, with a hope of finishing almost every cause in which I was

employed; and have refused all fees, which have been offered to me in

any suits, which I may not try before I leave the town. I am

apprehensive, however, that I shall not succeed in concluding

everything; and I have accordingly, made the following arrangement:

To some of my clients I have personally returned the fees; to all

others, where the business has not been absolutely finished, or any

step remains to be taken, except to move for the opinion of the court,

the fee will be returned on application to John Chew, Esq., clerk of

the court, who has been so obliging as to accept from me a list of all

my suits, still depending, of the money received, and of their

situation. Although the fees are to be returned yet I have obtained

the favor of Colonel Monroe,[48] Colonel John Minor and Francis

Brooke, Esq.,[49] to attend to these suits, agreeably to the

memorandum which I have given each of them, with every paper and

information in my power. In two of the cases, which are of peculiar

importance, I shall attend myself at a future day; and in all

instances, will cheerfully assist with my advice. If required, I will

be ready to attend the trial of any particular suits, now or hereafter

depending in this court whensoever the business of the Court of

Appeals and High Court of Chancery will permit."

This court continued in existence for about twenty years, when, by an act

of the General Assembly of 1808-9, it was abolished, and a "Circuit Court

or a Superior Court of Law," was established in its stead. This new court

was presided over by one of the judges of the General Court, the number of

judges of that court, it appears, having been increased from ten to

fifteen, to correspond with the number of circuits established in the

State. These courts have continued to the present time, with slight

changes at different periods as to their powers and territory, and are

presided over by circuit judges.

In the year 1852 the State was divided into ten districts and a court was

established for each district, known as the District Court of Appeals. The

court for the Fourth district was located at Fredericksburg, and was held

up-stairs in the north wing of the present courthouse. This court

consisted of the judges of the circuit courts constituting the district

and the judge of the Court of Appeals, elected from this section of the

State, as president. It was provided that no judge should sit in any

appeal case sent up from his circuit. This court continued until the

adoption of what was known as the Underwood Constitution, which failed to

make provision for district courts.

Prior to 1870 the corporation or hustings court was held by three or more

justices of the peace, but when the State constitution of that year was

adopted it raised that court to a higher dignity, its powers and

jurisdiction were enlarged, and a judge prescribed "who shall be learned

in the law." Since the establishment of this court it has had five judges

to preside over it--John M. Herndon, John T. Goolrick, Montgomery

Slaughter, A. Wellington Wallace, and Alvin T. Embrey. The new State

constitution abolished all county courts and provided four annual terms of

the circuit court, which were regarded ample for all purposes. In this

change in the present constitution Fredericksburg lost her session of the

circuit court and also her hustings court, but authority was conferred

upon the City Council to continue the hustings court if it judged it

necessary, the Legislature to elect the judge, whose term of office was to

be ten years, and the Council was to pay his salary. In accordance with

this authority the Council decided to continue the court, and Judge John

T. Goolrick was elected by the General Assembly to preside over it.

The police court, established by the State constitution of 1870, is held

by the Mayor of the town, and in his absence by the Recorder, or in his

absence by any justice of the peace who may be designated by the Mayor for

that purpose. This court has jurisdiction of misdemeanors and of civil

cases, where the amount involved is less than one hundred dollars, with

the right of appeal to the corporation court when the amount in

controversy is ten dollars or more. After the first of January, 1909, by

provision of State law, this court will be conducted by a police justice.

CIRCUIT COURT.

The new State constitution increased the number of circuits, when the

county courts were abolished, to twenty-nine, and also increased the terms

of the court to four annually, in order to enable the judges to do what

the circuit courts previously did and most of the work formerly allotted

to the old county courts. In order to do this the duties of the circuit

clerks were greatly enlarged, that they might do much of the business

heretofore transacted by the county courts. Fredericksburg is in the

fifteenth circuit, but no session of the court is held within her borders.

The circuit consists of five counties--King George, Stafford,

Spotsylvania, Caroline and Hanover. Our circuit judge is the Hon. John E.

Mason, who resides most of the time in Fredericksburg.

CHANGE IN CITY AFFAIRS.

The same constitution that changed the circuit courts and abolished the

county courts made many changes also with government of cities and towns.

In Fredericksburg, divided into two wards as it had been for some years,

the six Councilmen from each ward were elected at the same time to serve

two years, the Mayor being the presiding officer of the body. In these

changes each ward is to elect three Councilmen every two years, who are to

serve a term of four years, and the presiding officer is to be elected

from the body of the Council. The present president is William E. Bradley,

Esq., the first one having been Col. E. D. Cole.

THE FREEDMAN'S BUREAU.

The Freedman's Bureau was established in Fredericksburg in 1865. It was an

unique judicial tribunal, and found its way in our midst by reason of the

disjointed condition of the country at that time. It was brought into

being by congressional enactment, to be operated alone in the Southern

States that had formed the Southern Confederacy, which government had then

ceased to exist. The geographical divisions in the South were no longer

States, as heretofore stated, but military districts, designated by

numbers, and it was the opinion of the Federal authorities, it seems, that

in the chaotic condition of society and the impotency of our courts, or

from some other cause, the colored people, who had just been emancipated

from slavery, would not be justly dealt with by their former owners, hence

the necessity of this civil-military tribunal.

These Freedman's bureaus were composed of three judges--one an army

officer and two citizens. In the organization of the bureau in

Fredericksburg two of the judges were appointed by the commander of the

military district and the third one was elected by the Common Council.

Being thus formed it was supposed that all parties brought before the

court would receive justice. It had original jurisdiction over

misdemeanors, controversies involving labor and the observance of

contracts, and appellate jurisdiction from the decisions of magistrates

and police justices, where the rights of colored people and United States

soldiers were involved.

The first court of this kind organized in Fredericksburg was composed of

Major James Johnson, a United States army officer, Major Charles Williams,

an ardent Union man, and James B. Sener, who was unanimously elected by

the Common Council "a commissioner on the part of the citizens of the town

in the Freedman's bureau, about to be organized."[50]

Many absurd and amusing stories were put in circulation about this court,

and the colored people were variously impressed with its functions and

purposes, as well as of its powers and jurisdiction. Persons who followed

the Union army to town, and who professed great friendship for the colored

people and secured their confidence, told them that one purpose of the

Freedman's Bureau was to adjust financial matters between ex-slaves and

their former owners and to remunerate them for labor performed while they

were in slavery. The money for this purpose was to be made from the

property of those who owned the slaves and who received the benefit of

their services.

The most of the colored people believed these, as they did the other

absurd stories,[51] and it was agreed that a test case should be made in

Fredericksburg, and if it was decided in favor of the ex-slave that all

the other ex-slaves should bring similar suits for their ante-bellum

services. The papers were prepared in such a case by one of the so-called

lawyers, who made their appearance in our midst in those troublous times,

one of our colored men being the plaintiff, but it was soon ascertained

that such a suit would be "laughed out of court," and therefore the matter

was dropped and nothing more was heard from it. It is said that after this

the bureau was not popular even with the colored people.

COURT ORDERS AND INCIDENTS.

There are many orders made and incidents that happened in the old courts

that will be of interest to-day, if for no other reason than for their age

and the fact that they are not practised in our present courts. Among the

first things that claimed the attention of the hustings court, after its

organization and appointment of the officers of the court, was to fix the

rates of charges for the tavern-keepers. This it did on the 20th day of

May, 1782, entering the following schedule:

"Good West India rum, one pound per gallon; bread, ten shillings; whiskey,

six; strong beer, four; good West India rum toddy, ten shillings; brandy

toddy, seven shillings and six pence; rum punch, fifteen shillings; brandy

punch, twelve; rum grog, six; brandy grog, five. Diet: one meal, one

shilling and six pence; lodging, one shilling and three pence; "stablidge"

and hay, two shillings; oats and corn, nine pence per gallon."

Nearly half a century passed before another order in reference to tavern

rates was made, or recorded if made. It is presumed that the schedule of

rates made in 1782 was in force until the 10th day of May, 1838, or was

renewed from time to time, with slight changes. On the 10th of May, 1838,

another list of prices was adopted by the court, and entered as follows,

dollars and cents being substituted for pounds and shillings:

Breakfast, 50 cents; dinner, 50; supper, 50; lodging, 25; grain per

gallon, 12-1/2; "stablage" and hay per night, 25; Madeira wine, per quart,

1.00; champagne, per quart, 1.50; other wine per quart, 50; French brandy,

12-1/2 per gill; rum, 12-1/2; gin, 12-1/2; whiskey, 12-1/2; corn per

gallon, 25.

Another order was made by the court on the first day of March, 1784, when

it "proceeded to settle the allowances to the officers of the

corporation." That order gave to the officers their salaries as follows:

Mr. John Minor, Jr., attorney for the Commonwealth, 2000 pounds of

tobacco; Henry Armistead, clerk, 1200 pounds; John Legg, sergeant, 1200

pounds; Henry Armistead, for attending all courts of inquiry, 400 pounds;

sergeant for same, 570 pounds, and Wm. Jenkins, "gaoler," 364 pounds. For

several years the salaries of the corporation officers were paid in the

same manner and in the same currency.

On the 2nd of August, 1784, it was "ordered that the clerk certify that

this court do recommend Robert Brooke[52] as a person of probity, honesty

and good demeanor." This recommendation, it is understood, was necessary

in order for Mr. Brooke to obtain a license from the General Court to

practise law; and on the 7th of February, 1785, Robert Brooke and Bushrod

Washington[53] were admitted as practising lawyers before the court.

Henry Armistead, the first clerk of the court, died about the first of

August, 1787, and on the 6th of August John Chew, Jr., was appointed clerk

to fill the vacancy. By that appointment we have this remarkable record,

that from the appointment of John Chew, Jr., on the 6th of August, 1787,

to the death of Colonel Robert S. Chew, on the 17th of August, 1886, the

clerkship of the hustings court was in the Chew family, except the short

time it was held by W. C. Strait under military appointment. It went from

father to son for the fourth generation, covering a period of ninety-nine

years and eleven days. These generations served as follows: John Chew,

Jr., from 1787 to 1806; Robert S. Chew, from 1806 to 1826; John James

Chew, from 1826 to 1867, and Robert S. Chew, from 1870 to 1886.

On the 27th of February, 1789, we are told that "James Mercer, Esq., Chief

Justice of the General Court this day in open court took the oath of a

Judge to the District Court, pursuant to an act of the General Assembly

entitled an act establishing district courts, and for regulating the

General Court, which is ordered to be certified accordingly." From this

entry we learn that James Mercer,[54] a Fredericksburg lawyer, was not

only the chief justice of the General Court, which was held in Richmond,

but the judge of the first district court held in Fredericksburg. This

district court was the first court held in the town having jurisdiction

over higher crimes than misdemeanors. Before the institution of this court

all white persons charged with felonies were sent to Richmond for trial by

the General Court.

From the records of the hustings court it appears that the "Gentlemen

Justices" for many years after the introduction of United States money

entered up fines and judgments in pounds, shillings and pence. The clerk

used dollars and cents in entering up costs as early as 1795, but the

court did not adopt the American count until about July, 1797. It is also

noticeable that the clerk in nearly all entries placed the dollar mark

after the figures, instead of in front of them, according to the present

custom.

The first intimation that the town needed a watch or police, in addition

to the town sergeant, is given in an order of the court, entered April 25,

1801, when it was "ordered that the sergeant of this corporation do

(within the time limited for the collection of the other taxes in this

corporation) collect of the housekeepers, within the jurisdiction of this

court, two per cent. on the amount of their rents, agreeable to the

assessed value thereof, and that he pay the same to the chamberlain to be

appropriated to paying a watch to be kept in said corporation, the same

being this day levied for that purpose."

On March 27, 1802, the grand jury of the corporation presented "as a

nuisance the numerous obstructions in the streets, particularly in St.

George street lot, burying the dead in George and Princess Ann streets;

also the irregular burying in the ground west of and adjoining Prince

Edward street." The most of the obstructions complained of were on Hanover

street, west of Princess Ann, and on George street, from Main to the

river. The burying ground adjoining Prince Edward street about twenty-five

years ago was converted into Hurkamp park.

The court had been in existence more than twenty-two years before any

record is found where a minister of the gospel, of any denomination,

qualified to perform the rites of matrimony. It may have been that the law

did not require such qualification prior to 1804, and was enacted that

year. At any rate, the first one to appear before the court was on the

24th day of December, 1804. On that day "Benj. Essex, having produced to

the court credentials of his ordination and of his being in regular

communion with the Methodist Society, and having taken the oath of

fidelity to the Commonwealth and entered into bond with security according

to law, a testimonial is granted him to celebrate the rites of matrimony

according to the forms and customs of the said Methodist church." Similar

orders were entered by the court for ministers of other denominations as

they applied to the court. From the record we find they applied as

follows: Samuel Wilson, of the Presbyterian church, September 22, 1806;

Samuel Low, of the Episcopal church, September 8, 1808, and Wm. James, of

the Baptist church, June 13, 1811. So it is found that as early as 1811

any one could be married in Fredericksburg, according to the customs of

the Methodist, Presbyterian, Episcopalian and Baptist churches.

On the 24th of December, 1805, John T. Lomax and Carter L. Stevenson

qualified to practise law in the hustings court. They were two leading

citizens of the town and served the public long and faithfully. John T.

Lomax afterwards was made judge of the circuit court and one of the judges

of the district court. He was also the author of several law books. Mr.

Stevenson was thirty-five years Commonwealth's attorney in the town,

holding the office a longer period than any other attorney, before or

since his day.

The first notary public to qualify in the hustings court was John

Metcalfe. He was appointed by Governor James Barbour, and on the 12th day

of November, 1812, came into court and produced his commission as a notary

public, "whereupon the said John Metcalfe took the oath of fidelity to the

Commonwealth, and that he will without favor or partiality, honestly,

intelligently and faithfully discharge the duties of a notary public."

[Illustration: The Baptist Church. (See page 209)]

REGULATING THE CURRENCY.

In the early part of the nineteenth century "paper money" superseded

tobacco and tobacco warehouse receipts as currency, and therefore much of

it was issued. The notes of the denomination of one dollar, and more, were

generally designated as bills, while those below one dollar were called

"shin plasters." At first these notes were issued by States, cities and

banks, but in a few years incorporated companies, and sometimes

individuals, issued them. These notes were not always taken at their face

value, especially when they were found any distance from their place of

issue.

This being the case, it was difficult for the people to distinguish

between the good and the doubtful, or to fix the proper rate of discount.

Therefore the courts took the matter in hand. The question was considered

and passed upon, for the first time in our courts, on the 14th of March,

1816, the subject being the difference between the paper currency of

Virginia and the bank notes of other places, which were found in

circulation in Fredericksburg. Having properly investigated and reached a

conclusion, the court declared and entered on record, as follows:

"It appears to the satisfaction of the court that the chartered bank

notes of the District of Columbia, State of North Carolina, and cities

of Philadelphia and Baltimore, are current in this town, and it is the

opinion of the court that the chartered bank notes of the District of

Columbia, when compared with the chartered bank notes of Virginia, are

at a depreciation of six per cent.; that the said notes of the cities

of Philadelphia and Baltimore are at a depreciation of five per cent.

and that the said notes of the State of North Carolina are of equal

value with the said notes of Virginia."

A similar declaration was made by the court each year for several years

thereafter.

On the 10th day of November, 1831, the will of Thomas Seddon[55] was

admitted to probate. Philip Alexander, John Moncure and Arthur A. Morson

were appointed and qualified as executors and entered into bond, without

security, the deceased requesting that none be required, in the sum of

$240,000, it being the largest bond ever before required by the court.

Appraisers were appointed by the court to appraise his property in the

town of Fredericksburg and the counties of Spotsylvania, Stafford, Prince

William, Culpeper, Fauquier, Shenandoah and Page, and they were ordered to

make returns to this court.

The court entered the following certificate on its records on the 12th day

of January, 1832: "The court orders it to be certified that it was proved

to their satisfaction by the evidence of Francis S. Scott, a witness sworn

in court, that Major Robert Forsythe, of the Revolutionary army, had two

children, one of whom, Robert, died under age and unmarried, and the other

son, John, is now alive, being the Senator in Congress from Georgia."

THE POOR DEBTOR'S PRISON BOUNDS.

In the olden times, when some claim that the people were more honest and

just and the laws more righteous than they are now, a person who failed or

refused to pay his debts could, by proper process, be placed in "prison

bounds," and kept there until he exhibited to the court a schedule of his

property, made under oath. If he had nothing more in the opinion of the

court, than a reasonable allowance under the law, the court could

discharge him as a poor debtor from custody. For more than fifty years the

prison bounds was the square on which the jail is located. The poor debtor

was allowed the full width of the streets around the square, but was not

allowed to enter a building on the opposite side. Many distinguished men,

it is said, have been confined to this central point in the town because

they were unable at the time to meet their obligations.

In 1840 the court extended the liberty of the poor debtor by enlarging the

prison bounds to four squares, probably because the law had relaxed its

hold upon him. He could roam anywhere on those four squares and in the

streets bounding them, but he could not go beyond the limits without

being in contempt and becoming liable to additional punishment by the

court. This order of extension was made on the 11th of June, 1840, and

recorded as follows:

"The court doth fix the prison bounds as follows, to-wit: Beginning at

the intersection of Caroline and William streets, thence up William to

Charles street, thence down Charles street to Hanover street thence

down Hanover street to Caroline street, thence up Caroline street to

William street, including the footways on each side."

And now having escaped the prison bounds we will visit the public

buildings of the town and take a peep at them.

The History of the City of Fredericksburg, Virginia · 第 9 / 22 章