CHAPTER X

_The Public Buildings--The Jail--Courthouse--Town

Hall--Firehouse--School Buildings--Wallace Library--Normal

School--Government Building, &c._

As it was found necessary to have courts to punish crimes, to settle

disputes and to enforce law and order in the Commonwealth for the good of

society, it was also found necessary to have buildings in which to hold

the courts, to keep their records, and a place to confine criminals until

they were tried by the courts, and then to punish them after conviction

for their crimes. Therefore, the act that gave Fredericksburg a name and a

place among the towns of the country, also gave it the authority, and

enjoined it as a duty, to erect a courthouse and a jail, which was soon

done; and it is almost certain that whatever court Fredericksburg had from

1727, when it was first incorporated, to 1781, when it was chartered by

the Legislature of Virginia, was held in that courthouse and that the

criminals were kept and punished in that jail.

When the hustings court was organized its sessions were held in the

"coffee-house," but as soon as preparations could be made it was held in

the old town hall, or market-house, on Main street, which appears to have

had rooms sufficient for all public uses, as it was a favorite resort for

the "lovers of balls and parties and other public gatherings."

The first thing, however, that claimed the attention of the court was the

repairing of the "courthouse and common gaol, where criminals could be

placed and safely kept and in due time brought before the court." The

first jail erected for the town seems to have been built partly with

brick, and, from a false notion of economy, was entirely too small, was

uncomfortable and not fit to keep prisoners in. This was so patent that

the matter was, at various times, and for several years, brought to the

attention of the court. Various grand juries, upon examination, had

reported that it was not a suitable place in which to confine prisoners.

In 1803 a grand jury brought in an indictment against the jail as a

nuisance, and charged that a colored criminal, who had been confined

therein, had contracted a disease of which he afterwards died. This

colored man was arrested, charged with entering a house in the night time

and stealing goods therefrom, which was a capital offence. He was tried by

the hustings court, after considerable delay, and sentenced to be hung,

but was recommended to the mercy of the Governor, who pardoned him.

It was while the colored man was awaiting a trial, and afterwards the

action of the Governor, that it was claimed he contracted a disease, of

which he died soon after his liberation. Upon this report of the grand

jury the court ordered the small, brick jail torn down and a new one of

stone to be erected in its place. This new building was completed in 1805,

when Wm. Taylor was appointed by the court and ordered to "sell the brick

and other materials of the old jail in this corporation on a credit of

sixty days and make return to this court."

This jail stood on Princess Ann street, just north of the present clerk's

office, and, long before it was torn down and removed, was "an eye-sore to

the public," and especially to those who lived in that locality. In 1851,

when it was decided to build a new courthouse, it was also decided to move

the jail. This was a joint action of the court and Common Council, and it

met with serious opposition by many of the tax-payers, on the ground that

it was a waste of public money, the present jail being all that was

needed.

But the order was given, and the jail was torn down and rebuilt in rear of

the courthouse, the public scales, which stood on the spot, to be "moved

to some more convenient place." The most of the stone in the old jail was

placed in the new one, but a portion of it was taken for the foundation of

the fence, which, until some six years ago, enclosed the courthouse yard

and sustained the wall on George street and in Jail alley. The present

granite alignment of the courthouse lot is a great improvement on the old

iron fence.

THE COURTHOUSE.

The first courthouse the town had was built on a part of the ground

occupied by the present building and stood several feet back from the

street. It was a small, brick structure and very uncomfortable. It is

supposed to have been the second courthouse built for the town, the first

having been built soon after the town was laid out. As early as 1820 the

courts complained of the building they had to occupy and declared that it

was unsuitable for court purposes. Various requests and complaints were

made and orders issued to the Common Council by the court, looking to the

erection of a new and commodious building, but the Council appeared to

take no action in the matter, except to lay on the table all

communications from the court on the subject.

It appears that the town and county were joint owners in the jail and

courthouse, they being public property and the town then being a part of

the county, and possibly contributed some way to their erection. This may

account to some extent for the tardiness of the Council in taking action,

but whether it does or not, the court was not satisfied and did not

attempt to conceal its displeasure.

Finding its requests and orders disregarded, the court issued an order

declaring that the Council must build a new courthouse or provide a better

place for holding court, but even this did not appear to hurry the

Council, which moved along in its own quiet way. This controversy went on

for several years, the court requesting, ordering, even threatening,

without avail. It finally reached a point where it seems to have exhausted

its patience and determined to assert its authority.

On the 14th of June, 1849, the court being composed of Mayor Semple and

Justices Wm. H. White and Peter Goolrick, the following order was made and

entered on the record book:

"It is ordered, that Thomas B. Barton, John L. Marye, Robert B.

Semple, Wm. C. Beale and John J. Chew, who are hereby appointed a

committee for that purpose, do examine and report to this court, some

plan for the enlargement and repairs or rebuilding of the courthouse

for this corporation, for the convenient administration of justice;

and the said committee are also requested to examine and report

whether any other public building, belonging to this corporation, can

be so changed as to answer the above purpose, and to inquire and

report the probable cost of such plan or plans as they may approve

and report upon, and it is ordered that the justices for this

corporation be summoned to attend here at the next court to consider

and decide upon said report."

While this order and the appointment of the committee, with its

instructions, created considerable comment, it did not seem to excite the

Council or precipitate any action favorable to the proposed building. At

the next court eight justices were present in answer to the summons issued

at the last session of the court. Those present were R. B. Semple, Robert

Dickey, Beverly R. Wellford, Wm. C. Beale, Wm. H. White, Peter Goolrick,

Wm. Slaughter and Wm. Warren.

The report of the committee appointed at the previous court, was made, and

the court declared "that in obedience to the act of the General Assembly,

which requires that courts for the corporations within this Commonwealth

should cause to be erected one good and convenient courthouse, that it is

necessary and proper to build a courthouse for this corporation," and the

report of the committee "having been returned to court, and therewith an

order from the county court of Spotsylvania, releasing to this court all

title and interest the said county has to the jail and courthouse, within

this corporation, and the said lots on which they stand, being considered

by this court, it is approved and confirmed."

The court then appointed a commission, consisting of Mayor Semple, Beverly

R. Wellford, Wm. H. White, Thomas B. Barton and John L. Marye, who were

instructed to contract with some responsible party to erect a good and

substantial courthouse on lots 42 and 44, or either of them, according to

the plan submitted to the court, or that plan modified, if it was found

necessary, the cost not to exceed four thousand dollars. The commission

was to report from time to time to the court.

This action looked as if the court intended to exhaust its powers or have

a new courthouse, but a few days' mixing with the people seems to have

raised a doubt in the minds of the members of the court as to the wisdom

of their action. At any rate, when the August term came the full corps of

magistrates was present. A petition, and counter petition of the citizens

of Fredericksburg, in relation to the action of the court upon the

subject of rebuilding the courthouse, were severally presented, when, on a

motion made to rescind the order for building the courthouse and laying a

levy therefor, the vote stood as follows:

For rescinding, Robert B. Semple, Peter Goolrick, Wm. C. Beale, Robert

Dicky, 4. Against rescinding, Beverley R. Welford, Wm. H. White, Wm.

Slaughter, Wm. Warren, 4. The court being divided on the question of

repealing or enforcing its own order, the subject was dropped so far as

any action of the court was concerned, and was not again brought up for

several months.

At the April term, in 1850, however, the court respectfully requested the

Council to appoint a day to have an election, that the voters might

express their wishes as to whether or not a levy should be made for the

purpose of building a courthouse. This paper, although it placed the court

before the Council in the attitude of an humble suppliant, was read before

the Council and laid on the table, as all former papers from that source

had been.

This seems to have ended the efforts of the court to secure a new

courthouse or the repairing of the old, either by entreaties, threats or

by the power given it under the acts of the General Assembly. Thus things

continued for one year, although the question was warmly discussed by the

citizens, who were very much divided on the subject. An election was to be

held the following March, and the court, finding itself defeated in all

former efforts, transferred the question to the people in their selections

for members of the Council. This was a wise move for the friends of the

measure. The election was held and a Council in favor of building a new

courthouse was elected. The eyes of the public were now turned from the

hustings court to the Common Council which had just been elected. The

contest was not long delayed.

The election for Councilmen was held on the third Monday in March, 1851,

and at the meeting, held on the first day of April, Messrs. Thomas B.

Barton, John James Chew, J. Minor, Wm. Allen and Beverly R. Wellford were

appointed a committee by the Council to consider the subject of the

location and erection of a new courthouse and report thereon all matters

connected with the cost, style and site of said building.

The next meeting of the Council was held on the 26th of April. It was one

of unusual importance, because the committee on the new courthouse was to

report, and every member except two was in his seat, and the chamber was

crowded to its full capacity by citizens, who felt a special interest in

the subject. The committee was in favor of erecting a new courthouse, and

therefore reported to the Council plans and specifications for the

building, drawn by J. B. Benwick, Jr., of Baltimore, giving the style and

the probable cost at $14,000.

The committee recommended the site of the old courthouse, the removal of

the jail to the back of the new building and the removal of the clerk's

office and engine houses. The report was adopted and the committee was

instructed to contract for the erection of the building inside of the

estimated cost. This looked as if the Council meant business, and for the

next three weeks the question was warmly discussed, and the opponents of

the measure undertook to prevent the great waste of money, as they termed

it, by petition and other influences. The Council met on the 21st of May

to receive the report of the committee, appointed to contract for the

building, and every member was present. The interest was intense and the

opposition determined.

The committee made its report and the clerk of the Council made this

record: "A contract with Wm. M. Baggett, for building a new courthouse,

jail, &c., for the sum of $13,850, together with drawings and

specifications of said buildings made by James Benwick, architect, and to

be taken as part of said contract, and a bond executed by said Baggett, J.

Metcalfe, J. S. Caldwell, and George Aler, in the sum of ten thousand

dollars, for the faithful performance of said contract, by said Baggett,

were submitted to the Council by T. B. Barton, chairman of the committee

appointed for that purpose, for their approval or rejection.

"Whereupon, and before any action was had thereon, Mr. J. M. Whittemore,

asked and obtained leave to be heard by the Council in support of a

petition, signed by one hundred and seventy-two of the voters of the

corporation, remonstrating against the extravagant scheme of pulling down

the jail and other buildings on the courthouse lot, and praying the

appointment of a committee of their own board,[56] to contract for the

erection of a spacious and comfortable courthouse at a cost not exceeding

six thousand dollars. Said petition was accordingly presented by Mr.

Whittemore, and, being read, was, on motion, laid on the table.

"On motion, said contract was then approved and confirmed by the following

vote to-wit: Ayes: F. Slaughter, Joseph Sanford, J. Minor, D. H. Gordon,

J. Pritchard, L. J. Huffman, B. S. Herndon, Thomas F. Knox, Charles C.

Wellford and John J. Berrey, 10. Nays: Hugh Scott and Wm. Allen, 2. And it

was ordered that the Mayor, as evidence of said approval and confirmation,

do sign an endorsement to that effect on said contract, and cause the

corporation seal to be affixed thereto, and that said contract together

with the drawings and specifications, be then delivered to the clerk of

the hustings court for safe keeping," &c.

After this action was completed the Council appointed Messrs. Thomas B.

Barton, John James Chew, J. Minor, Wm. Allen and Beverly R. Wellford a

committee to superintend the entire work and see that it was done

according to the plans and specifications. And so a question that had

vexed the people of the town for more than thirty years, and had caused

considerable friction between the hustings court and the Common Council,

was settled and the town was to have a new courthouse.

The building was completed in 1852, when the courts and clerks were

removed to spacious and comfortable quarters, and have remained there to

the present day. The south wing on the lower floor has been used for fire

engines until the companies were disbanded prior to the war; but, for

several years in the past, they have been used for the public schools of

the city, while the large room on the second floor is used for an armory.

The vault, for the records and papers of all the courts of the past and

present, as well as of those of the Common Council, is ample for the

purpose and absolutely fire-proof. The building is one of the handsomest

in the State and always attracts the attention of strangers.

[Illustration: "The Lodge" at Mary Washington Monument. Constructed of

Virginia Granite for Superintendent of Monument and Grounds. (See page

160)]

[Illustration: The "Wallace Library," now near its completion. The

building and library a donation by the late Capt. C. Wistar Wallace. (See

page 145)]

The old courthouse, that was torn down to make room for the new one, was

provided with a bell for calling the people together. It was used to call

public meetings, to notify the people of the assembling of the courts,

and, until another bell was provided for the purpose, to sound the alarms

for fires. This bell now hangs in the belfry of the present courthouse. It

was presented to the town by Silas Wood in 1828 and has been on duty more

than three-quarters of a century. Mr. Wood married a Fredericksburg lady,

and it is reported that he was a believer in the adage that a fair

exchange (rather an exchange for the fair) was not robbery; therefore, as

he had taken one bell (belle) from Fredericksburg he ought to give it

another in exchange. The bell has this inscription on it: "Revere, Boston.

Presented to the Corporation of Fredericksburg by Silas Wood, A. D. 1828."

MARKET-HOUSE, OR TOWN HALL.

The first market-house, or town hall, Fredericksburg had, of which we have

any account, either by record or tradition, was located on the west side

of Main street, just below the present "Market alley." It was constructed

mainly of brick, and had several rooms in it that were used for the

courts, the Common Council, balls, sociables, public meetings and lodge

rooms. The Common Council held its sessions in that building, when it

organized at the "coffee-house," which no doubt was one of the rooms in

the market-house, after the rooms were properly fitted up, and continued

there from 1781 until the building was taken down in 1813.

At what period the market-house was built we do not know, but it was

certainly prior to 1752, as we have record evidence of its existence at

that time, and also evidence that it needed repairs, which shows that it

had been standing for some years. During the Revolutionary war colonial

troops used a portion of the building for barracks, and it was in this

house that the great peace ball was given in 1783, which was attended by

General Washington and his mother. In the year 1813 this old building was

taken down and the present market-house erected.

While this information was obtained from Benj. Peyton, a very old colored

man, who died some twenty-five years ago, who assisted in taking down the

old and erecting the new building, the truth of it is borne out by the

records. He was a youth at the time, learning the trade of brick mason,

and was employed on both buildings. The present market-house is a

substantial, two-story brick building, with market lot in the rear, market

stalls in the basement and work shops for the city water and gas works. It

has two wings, which have been at different times used for school rooms

and printing offices, but are now used, the south wing for the Council

Chamber and the north wing for the commissioner of revenue and city tax

collector. The second floor is used by the Washington Guards as a reading

room. In 1824 the building was brilliantly illuminated and beautifully

decorated for a grand ball and reception in honor of Gen. Lafayette, who

was then visiting this country, and passed through Fredericksburg, where

he remained for several days.

THE FIRE-HOUSE.

The substantial brick house for the Fire Department, just south of the

courthouse, was erected in 1890. It is two stories high, with a belfry on

the front part of the building. The first floor is used for the reels, the

hook and ladder truck and other fire apparatus. The belfry, or tower, is

so constructed that in addition to its holding the fire bell, the fire

hose can be suspended in it for drying after a fire.

SCHOOL BUILDINGS.

At present we have but two school buildings, one at the corner of Main and

Lewis streets, known as the Union House, and the other at the corner of

Princess Ann and Wolfe streets. The historical Union House, used by the

white pupils, was built in the first part of the last century by a Mr.

Ross for a residence and is quite substantial, being constructed of brick

and spacious, and is three stories high, with a basement. Mr. Ross was a

Frenchman, and royally entertained Gen. Lafayette and his retinue when he

visited Fredericksburg in 1824. Seven grades occupy this building, while

three grades are provided for elsewhere. The school authorities, in the

discharge of their duties, have repeatedly called attention of the City

Council to the fact that this building was inadequate for the rapidly

increasing school population; that it was constructed for a residence and

not for school purposes, the rooms being too small for the large number of

pupils that had to be crowded in them.

A year ago conditions were investigated by the School Committee of the

City Council (Prof. S. W. Somerville, chairman), which resulted in a

movement of said committee to provide a suitable building for the schools.

Soon plans and specifications were drawn and laid before the Council which

were fully considered and finally adopted, and the committee was

instructed to advertise for bids, let the contract and have the building

completed as soon as possible. Work is now progressing on the building,

which is to be quite a commodious one, with twelve rooms, with all the

modern improvements as to heating, fire protection, &c. The contract price

(Mr. E. G. Heflin, contractor, and Mr. Frank P. Stearns, inspector,) is

$37,700, and the building is to be completed by February 1, 1909.

The only objection that any one could offer against these changes (and no

one is likely to offer it) is the demolition of the venerable landmark, so

long known as the Union House and the headquarters of Gen. Lafayette when

he visited the town for the last time.

The school building at the corner of Princess Ann and Wolfe streets, a

two-story, brick structure, with four spacious rooms, was constructed for,

and is occupied by, the colored schools. For years after its construction

it was found to be large enough to accommodate all the grades of that

school, but when a grammar department was added this building was found to

be fully occupied and the high grade had to be provided for elsewhere.

THE WALLACE LIBRARY.

By his will Capt. C. Wistar Wallace, a valuable citizen of the town, who

was born and raised in Fredericksburg, and who died May 20, 1907, left to

the town, under certain conditions, $15,000 for a public library, which

was to bear his name. The conditions were that the city was to adopt legal

papers binding itself to establish said library, within three years of the

donor's death, as a permanent institution of the city and properly

maintain the same; that the city was not to expend more than $5,000 of the

legacy for the purchase of a suitable lot and the erection thereon of a

suitable library building, and the balance of the legacy was to be

expended for the purchase of books for the library. These books are to be

purchased by a board not to exceed five members, to be chosen from time to

time by the President of the University of Virginia, Washington and Lee,

Richmond College and Randolph Macon College. In order to make these

conditions binding upon the city, it was provided that necessary

legislation should be procured by the General Assembly of Virginia as

might be necessary to authorize and enable the city to comply with all of

the conditions of the bequest.

The whole matter having been laid before the City Council and explained by

the city attorney, Mr. St. Geo. R. Fitzhugh, and discussed, that body

adopted the following:

[57]Be it resolved, that the city of Fredericksburg, Va., decides to

establish and maintain a public library to be known as the "Wallace

Library," and hereby accepts the said bequest of $15,000 upon the

conditions and according to the terms of said bequest, and hereby binds

itself to carry out the same.

Under the provisions of the Code of Virginia the duty of appointing the

board of directors of this library devolved upon Major Thomas P. Wallace,

Mayor of the town, the Council concurring. The following letter,

therefore, was communicated to the Council by the Mayor:

"I herewith transmit, in pursuance to the resolution of your honorable

body, passed at your meeting on the 18th day of July, 1907, the following

named citizens, who shall constitute the board of directors contemplated

by your resolutions: St. Geo. R. Fitzhugh, S. J. Quinn, A. T. Embrey, Rev.

J. W. Roseboro, D. D., James S. Knox, E. D. Cole, A. P. Rowe, B. P. Willis

and James T. Lowery."

The board of directors organized by the election of Mr. St. Geo. R.

Fitzhugh, president, and S. J. Quinn, clerk.

The Council and the General Assembly united in permitting the library

building to be constructed on the courthouse lot, and the board of

directors authorized the construction of the building to be proceeded with

at once. It is a two-story house, with basement, and is now nearing

completion. It is constructed under the direction of Mr. Wm. E. Bradley,

chairman of the Public Property Committee, Mr. Geo W. Wroten, contractor,

and Mr. A. M. Garner, inspector.

THE NORMAL SCHOOL BUILDING.

In addition to these public buildings the General Assembly has

appropriated $25,000 and will supplement that with $25,000 additional to

construct in or near the town a female normal school. The board of

directors of this institution are now endeavoring to select a site for

this school, and will likely succeed in the near future. The buildings

will be commenced next Spring and pushed to completion.

The United States Government has also appropriated money for the erection

of a very commodious brick building on the corner of Princess Ann and

Hanover streets. This site has already been purchased by the government

and will soon be in condition for the brick masons and carpenters. The

work, however, has been delayed for an additional appropriation, in order

to enable them to construct such a building as was contemplated by the

architect of the postoffice department. When the building is completed it

is to be occupied by the postoffice.

Having inspected the public buildings of the town, and discussed those now

in course of erection and those which soon will be, we will now visit the

private historical buildings and take a view of the monument erected by

the ladies of the country to Mary, the mother of the illustrious

Washington, and the handsome statue of Gen. Hugh Mercer, recently erected

by the United States Government, who stands upon his pedestal, sword in

hand, ready to strike for Liberty and Independence, for Truth and Victory.

They both stand on Washington avenue.

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