CHAPTER I

Produced by Mark C. Orton, Chris Logan and the Online

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[Illustration: The old courthouse about 1920. Copy courtesy Lee

Hubbard.]

The Fairfax County

Courthouse

[Illustration]

The Fairfax County Courthouse

BY

ROSS D. NETHERTON

AND

RUBY WALDECK

Published by the Fairfax County Office of Comprehensive Planning under

the direction of the County Board of Supervisors in cooperation with

the Fairfax County History Commission

July 1977

The following history publications are available from:

Fairfax County Administrative Services

Fairfax Building

10555 Main Street

Fairfax, Va. 22030

703-691-2781

_Beginning at a White Oak.... The Patents and Northern Neck Grants

of Fairfax County, Virginia_--Mitchell

_Carlby_--Spann

_Centreville_: Its History and Architecture--Smith

_Colchester_: Colonial Port on the Potomac--Sprouse

_Colvin Run Mill_--Netherton

_Dunbarton, Dranesville, Virginia_--Poland

_The Fairfax County Courthouse_--Netherton and Waldeck

_The Fairfax County Courthouse_--1800--OCP--Brochure

_Fairfax County in Virginia: Selections from Some Rare

Sources_--OCP

_Fairfax County Tour Map_--OCP and History Commission

_Fairfax Family in Fairfax County: A Brief History_--Kilmer and

Sweig

_Historic Preservation for Fairfax County_--OCP

_Historical Highlights of Bull Run Regional Park_--Cooling

_Huntley_--Wrenn

_Indices to Selected Maps from Hopkins' Atlas, 1879_--McMillion

_Maplewood_--Rafuse

_Moorefield_--DiBacco

_Mount Air_--Sprouse

_Registrations of Free Blacks, Fairfax County, Virginia,

1822-1861_--ed. Sweig

_Wakefield Chapel_--Evans

* * * * *

_Sully: The Biography of a House_--Gamble

Book available from the Fairfax County Park Authority

* * * * *

Library of Congress Catalog Card Number 77-84441

TABLE OF CONTENTS

ILLUSTRATIONS

ACKNOWLEDGMENTS

FOREWORD

INTRODUCTION 1

I. FAIRFAX COUNTY'S EARLY COURTHOUSES: 1742-1800 3

II. THE PROVIDENCE COURTHOUSE AND ITS RELATED

BUILDINGS: 1800-1860 12

III. THE COUNTY COURT AND ITS OFFICERS 18

IV. THE WAR YEARS: 1861-1865 33

V. THE YEARS OF REBUILDING: 1865-1903 42

VI. THE TWENTIETH CENTURY COURTHOUSE 50

VII. THE ARCHITECTURE OF THE COURTHOUSE AND ITS RELATED

BUILDINGS 58

1. The Courthouse Complex 58

2. The Courthouse 73

3. Restoration of the Original Wing of the

Courthouse, 1967 87

APPENDIXES

A. County Court Clerks: 1742-1976 107

B. Justices and Judges: 1742-1976 108

C. Portraits in the Old Courthouse--Biographies 117

D. Clerk's Office Specifications, _Alexandria

Gazette_, July 15, 1853 121

E. Schedule of Reconstruction of the Courthouse, 1967 123

LIST OF SOURCES 127

ILLUSTRATIONS

Front Cover--Courthouse about 1920

Back Cover--Court papers, 1976

Five Colonial Justices of the Fairfax County Court: George

Washington; George Mason; Thomas, sixth Lord Fairfax;

George William Fairfax; and Bryan, eighth Lord Fairfax 2

Cartograph of Alexandria Courthouse Square 6

Surveys of courthouse lot, 1798-1924 15

Civil War view, 1862 32

Hopkins' map of Fairfax Court House, 1879 44

Marr monument's dedication, 1904 49

The Tavern, c. 1932 51

1907 courthouse picture 51

Two aerials of the courthouse and county center

complex, 1970s 55

Clerk's Office, 1907 61

County Jail, 1886 63

Police Department, c. 1947 63

Naval Cannon 67

Marr Monument 67

War Memorial plaques 68

Central staircase mural 69

18th century English town and market halls 76

Two-story windows, c. 1966; double row windows, 1967 80

Courtroom remodeled in 1920 82

Central entrance, 1954 addition 83

Floor plans 88

Three views of the gutted courthouse, 1966 90

Two interiors of the courthouse restoration, c. 1968 92

ACKNOWLEDGMENTS

This monograph is one of a series of research reports on the

historical and architectural landmarks of Fairfax County, Virginia. It

has been prepared under the supervision of the Fairfax County Office

of Comprehensive Planning, in cooperation with the Fairfax County

History Commission, pursuant to a resolution of the Board of County

Supervisors calling for a survey of the County's historic sites and

buildings.

The authors of this report wish to acknowledge with thanks the

assistance of Lindsey Carne, Mrs. J. H. Elliott, Lee Hubbard, Mrs.

Jean Johnson Rust, and Mrs. Barry Sullivan, who provided information

and graphics for this publication. Also valuable were the comments of

the Honorable James Keith, Circuit Court Judge; Mrs. Edith M. Sprouse;

John K. Gott; Mrs. Catharine Ratiner; and Mayo S. Stuntz, all of whom

reviewed the manuscript with care prior to its final revisions.

Special thanks are tendered to the Honorable Thomas P. Chapman, Jr.

and the Honorable W. Franklin Gooding, former Clerks of the Courts of

Fairfax County; the Honorable James Hoofnagle, present Clerk of the

Courts; and to Walter M. Macomber, architect of the 1967

reconstruction of the original wing of the courthouse, who granted

extensive interviews which filled many of the gaps created by lack of

documentary sources.

Throughout the entire research and writing of this report, the authors

received valuable guidance and comments from the members of the

Fairfax County History Commission and assistance from the staffs of

the Fairfax County Public Library and the Virginia State Library.

Finally, the authors acknowledge with thanks the help of Jay Linard,

Mrs. Verna McFeaters, Ms. Virginia Inge, Ms. Irene Rouse, Ms. Annette

Thomas, and Ms. Robin Pedlar in manuscript preparation.

Ross Netherton

Ruby Waldeck

FOREWORD

_The Fairfax County Courthouse_ is an important addition to the

historical record of Fairfax County, Virginia. It brings together in

one volume a history of the Fairfax County Courthouses and a manual of

the organization and operation of governmental affairs centered within

them over the years. A particular insight with regard to the early

years of the county is evident.

Dr. Netherton and Mrs. Waldeck describe the consequential role the

courthouse enjoyed as a social center as they examine the governmental

role which made it the centerpiece of Fairfax County. The reader will

note that the early Fairfax County officials gained an understanding

of the importance of democratic government in our nation through their

participation in county government while the people they served

developed a sense of community through their interaction at the

courthouse. The present courthouse stands as a monument to the

governmental and social prosperity Fairfax County has enjoyed.

This text documents the story of the building which has stood at the

center of almost two centuries of political life in Fairfax County.

The extensive footnotes will prove an invaluable aid to scholars

exploring the history of the county. History students in our county's

schools will find _The Fairfax County Courthouse_ an important

addition to their reading lists. We are all indebted to Ross Netherton

and Ruby Waldeck for their contribution in casting such a revealing

light upon the roots of Fairfax County, her people and government.

James E. Hoofnagle

Clerk of the Fairfax County Court

INTRODUCTION

Each generation of Americans has acknowledged its debt to Virginia's

leaders whose skill in politics was demonstrated so well in a

half-century that saw independence achieved and a new republic

established. They were products of a system of government which itself

had been perfected over more than 150 years before the colonies

declared their independence. To these men--George Washington, George

Mason, Thomas Jefferson, Patrick Henry, John Marshall, George Wythe,

James Madison, and the Carters--the County court was an academy for

education in the art of government. Important as it was to sit in the

House of Burgesses at Williamsburg, the lessons of politics and public

administration were learned best in the work of carrying on the

government of a county. Virginia counties were unique in colonial

history, for the considerable degree of autonomy enjoyed by the County

courts gave them both a taste of responsibility for a wide range of

public affairs and a measure of insulation from the changes of

political fortune which determined events in Williamsburg, and later

Richmond.

In Virginia, the county courthouse was the focal point of public

affairs. Usually built in a central location, with more regard for

accessibility from all corners of the county than for proximity to

established centers of commerce, the courthouse came to be a unique

complex of buildings related to the work of the court. In time, most

of these clusters of buildings grew into towns or cities, but

throughout the eighteenth and nineteenth centuries many places shown

on Virginia maps as "Court House" consisted literally of a county

courthouse and its related structures standing alone beside a

crossroads.

On court days, however, the scene changed. The monthly sessions of the

court, conducted in colonial times by the "Gentleman Justices",

provided opportunities to transact all manner of public business--from

issuing licenses and collecting taxes to hearing litigation and

holding elections. They also were social events and market days; there

people came to meet their friends, hear the news, see who came

circuit-riding with the justices, sell their produce, and buy what

they needed.

In the two centuries since independence, profound changes have

occurred in all phases of life that were centered in the courthouse.

In Fairfax County, the pace and extent of these changes have been

extensive. Architectural historians who note uniqueness in the fact

that Virginia courthouses developed as a complex of related buildings

may see ominous symbolism in the fact that today one of the structures

in the cluster around Fairfax County's courthouse is a modern

fifteen-story county office building. Yet, at the same time this

office building was being planned, workmen were rehabilitating the

original section of the courthouse to represent its presumed

appearance in an earlier time, thus providing a reminder of the

historic role of county government in Virginia.

[Illustration: Five Colonial Justices of the Fairfax County

Court--George Mason.]

[Illustration: Five Colonial Justices of the Fairfax County

Court--George Washington.]

[Illustration: Five Colonial Justices of the Fairfax County

Court--Bryan, later eighth Lord Fairfax.]

[Illustration: Five Colonial Justices of the Fairfax County

Court--Thomas, sixth Lord Fairfax.]

[Illustration: Five Colonial Justices of the Fairfax County

Court--George William Fairfax.]

CHAPTER I

FAIRFAX COUNTY'S EARLY COURTHOUSES, 1742-1800

Once the survival of the colony of Jamestown seemed assured, provision

for the efficient and orderly conduct of public affairs received

attention. The Jamestown colonist and his backers in the Virginia

Company of London were familiar with county government structure in

England, and from early colonial times the county was the basic unit

of local government in Virginia.

In the concept of county government, the role of the county court was

central. As early as 1618, Governor Sir George Yeardley established

the prototype of the County Court in his order stating that "A County

Court be held in convenient places, to sit monthly, and to hear civil

and criminal cases."[1] The magistrates or justices who comprised the

court were, as might be expected, the owners of the large plantations

and estates in the vicinity, and all were used to administering the

affairs of the people and lands under their control. Accordingly,

administrative duties as well as judicial duties were given to the

court, and the justices' responsibilities included such matters as the

issuance of marriage licenses, the planning of roads, and assessment

of taxes.[2]

Colonial Virginia statutes specified that each county should "cause to

be built a courthouse of brick, stone or timber; one common gaol,

well-secured with iron bars, bolts and locks, one pillory, whipping

post and stocks."[3] In addition, the law authorized construction of a

ducking stool, if deemed necessary, and required establishment of a

10-acre tract in which those imprisoned for minor crimes might, on

good behavior, walk for exercise. In addition, buildings were

customarily provided to house the office of the Clerk of the Court,

and to accommodate the justices of the assize and their entourage of

lawyers and others who accompanied them as they rode circuit among the

counties of the colony. In England, the "assizes" were sessions of the

justices' courts which met, generally twice a year in each shire, for

trial of questions of fact in both civil and criminal cases. The

county courts in colonial Virginia continued to be called assizes for

much of the 18th Century.

When events moved toward the partition of Prince William County to

create the County of Fairfax, the Journal of the Governor in Council

in Williamsburg recorded the following entry:

Saturday, June ye 19th, 1742

....

ORDERED that the Court-house for Fairfax County be appointed at a

place call'd Spring Fields scituated between the New Church and Ox

Road in the Branches of Difficult Run, Hunting Creek and

Accotinck.[4]

Whether this was the first seat of the Fairfax County Court is not

positively known. It is possible that the first sessions of the court

may have been held at Colchester. Although no records of the

transactions at these sessions have been found, an early history of

the County cites entries in an early deed book which order the removal

of the County Court's records from Colchester to a new courthouse more

centrally located in the county.[5]

Be this as it may, the plan to establish a courthouse which was

formalized by the Governor in Council apparently was deliberately

designed to accommodate the increasing settlement of areas inland from

the river plantations--an interest which the Proprietor, Thomas sixth

Lord Fairfax, shared.

"Spring Fields", the site of the court house, was part of a tract of

1,429 acres owned in 1740 by John Colvill, and conveyed by him in that

year to William Fairfax.[6] In this tract were numerous springs

forming the sources of Difficult Run, Accotinck Creek, Wolf Trap Run,

Scott's Run and Pimmit Run. It was high ground, comprising part of the

plateau area of the northern part of the County, and the site selected

for the courthouse had a commanding view for many miles around.

The location specified in the Council Order was on the New Church

Road (later known variously as the Eastern Ridge Road, the

Alexandria-Leesburg Road, or the Middle Turnpike) running from the

Falls Church to Vestal's Gap in the Blue Ridge Mountains, at a point

where this road intersected the Ox Road, running north and west from

the mouth of the Occoquan River. A map of 1748 also shows roads

running from the courthouse west in the direction of Aldie, and

southwest toward Newgate (now called Centreville).[7] The site was

roughly equidistant for persons coming from Alexandria, Newgate, and

the Goose Creek settlements, but somewhat farther for those from

Colchester.

The land on which courthouse was built was conveyed to the County by

deed from William Fairfax, dated September 24, 1745,[8] and described

six acres "where the court house of the said county is to be built and

erected," to be held by the County "during the time the said Court

shall be located there but no longer." According to a survey made in

March 1742, the site was a rectangle, 40 poles long by 24 poles wide,

described in metes and bounds starting from a post on the west side of

"Court House Spring Branch".[9] No other landmarks or monuments

capable of surviving to modern times were mentioned in the deed, and

today the site of the Springfield Courthouse can be determined as

approximately one-quarter mile south and west of Tyson's Corner.

Having in mind the statutory requirements, it is presumed that the

complex of buildings at Springfield consisted of a courthouse, a jail

with related structures, a clerk's office, and one or more "necessary

houses" (outhouses), all conveniently located with respect to each

other and the roads. County records show surveys for two ordinaries

(inns) located on or adjacent to the courthouse tract. One of these,

surveyed in 1746, was a two-acre parcel containing John West's

ordinary and related buildings, and the other, also surveyed in 1746,

was for one acre within the courthouse tract on which John Colvill was

allowed to build an ordinary.

No contemporary descriptions of the courthouse have survived, but it

is likely that the buildings were of log construction, on stone

foundations, with brick chimneys. A 16-foot-square addition to the

courthouse was ordered in 1749, with the specification that it have a

brick chimney.[10] An item from the Court Order Book, dated December

23, 1750, states:

On motion of the clerk of the court that papers lying on the table

are frequently mixed and confused, and many times thrown down by

persons crowding in and throwing their hats and gloves on the said

table, the ill consequences thereof being considered, it is

ordered that Charles Broadwater, Gent. agree with some workman to

erect a bar around the said clerk's table for the better

security of the books and papers.[11]

[Illustration: Cartograph of the Market Square and Fairfax County

Courthouse in Alexandria, as they might have appeared in the

eighteenth century. Drawn by Worth Bailey, 1949.]

In 1750, Fairfax County's western border closely approached the edge

of English settlement in Virginia. Settlements in the western part of

the County were growing far less rapidly than in the centers of

population in the eastern part. Alexandria, established as a town in

1749, showed signs of becoming a major seaport, and its merchants

complained that travel to the courthouse at Springfield was

burdensome, and that service of process and execution of writs was

well-nigh impossible.[12] They actively campaigned for moving the

courthouse to Alexandria, and overcame the opposition of the

"up-country" residents by offering to provide a suitable lot and build

a new courthouse in Alexandria.

Alexandria prevailed in 1752, and the records of the colonial Governor

in Council showed the following entries:

March 23, 1752. A petition subscribed by many of the principal

inhabitants of Fairfax County for removing the court house and

prison of that county to the town of Alexandria, which they

propose to build by subscription, was this day read, ORDERED that

the justices of the said county be acquainted therewith and

required to signify their objection against such removal, if they

have any, by the 25th of next month, on which day the Board will

resume the consideration thereof.

And:

April 25, 1752. Upon the petition of many of the inhabitants of

Fairfax County for removing the court house and prison of the said

county by subscription to the town of Alexandria, the Board being

satisfy'd that it is generally desired by the people, and on

notice given, no objection being made to it, ORDERED that the

court house and prison be removed accordingly to the town of

Alexandria.[13]

By May 1752, the County Court's Minute Book carried the final record

of business transacted at the Spring Fields Courthouse.

In Alexandria, the townspeople set aside two lots in the block of the

original town survey bounded by Fairfax Street, Cameron Street and

King Street.[14] By ordinance, all buildings in the town had to face

the street and have chimneys of brick or stone, rather than wood, to

prevent fires.[15] The building erected as the new courthouse faced

Fairfax Street, between Cameron and King Streets. A prison was built

behind the courthouse building in the dedicated lots. The gallows,

however, are said to have remained at Spring Fields for some time.[16]

Neither the architect nor the builder of the courthouse at Alexandria

are known, although there is evidence that John Carlyle helped with

the building of both the courthouse and market square.[17]

In the last half of the eighteenth century, Alexandria prospered as

the principal seaport of the Northern Neck. Its wharves and warehouses

were busy, and its politics were enlivened by the presence of some of

the colonies' most distinguished residents and visitors. As tobacco

gave way to diversified farming, wheat and flour comprised two of

Alexandria's major commodities of trade, and enforcement of the flour

inspection and marking laws became an important governmental function.

Criminal justice was dispensed publicly in the courthouse and jail

yard, furnishing moral lessons for both the culprits and observing

crowds. It was in this jail, too, that tradition has it Jeremiah

Moore, a dynamic Baptist minister of colonial Virginia, delivered a

sermon to crowds outside his cell window while he was confined for

preaching without a license.[18]

The court records for the years 1752 to 1798 show the names of many

Virginians who were leaders in the War of Independence and the

subsequent establishment of the new state government. Independence did

not significantly affect the judicial system, however, and, except for

their new allegiance, state and local officials conducted public

business much as they had in the 1760's.

During the years of war, however, the courthouse suffered

substantially because of lack of maintenance. After the war, repairs

frequently were postponed due to arguments over whether the state or

locality should raise the money for them. Thus, the court records of

the post-war period show frequent references to the need for repairs

on the courthouse and jail,[19] most, apparently, without success.

There were more serious questions being raised about the future of

the courthouse in Alexandria's market square. Alexandria no longer was

central to the County's most important interests. Its port was losing

trade to rivals, principally Baltimore, and the voice of the growing

numbers of settlers in the western part of the county complained that

Alexandria merchants gained at the expense of others by having the

court meet in their town. George Mason of Gunston Hall felt that

Alexandria politicians were building up too strong a hold on the

machinery of County government, and sought the aid of members of the

General Assembly to arrange for changing the location of the

courthouse.[20] Finally, in 1798, the Virginia General Assembly

directed that Fairfax County's Court House be relocated to a site

closer to the center of the County.[21]

The search for a suitable site had gone on for almost ten years

previously and might not have been concluded even then if its urgency

had not been sharpened by the passage of Congressional legislation

leading to creation of the District of Columbia, and the threat that

Alexandria would fall within the boundaries of the new Federal

capital. Since by law the County Court could not meet outside the

boundaries of the County, no further delay could be permitted. Land

was acquired, a new courthouse was built, and the County Court moved

into its new quarters early in 1800.[22]

NOTES FOR CHAPTER I

[1] Albert O. Porter, _County Government in Virginia_, (New York:

Columbia University Press, 1947), p. 13.

[2] _A Hornbook of Virginia History_, (Richmond: Virginia State

Library, 1965), p. 64.

[3] Virginia, Laws, 1748, c. 7, revising earlier statutes on courts

enacted in 1662 and 1679.

[4] Wilmer Hall (Ed.), _Executive Journals of the Council of Colonial

Virginia_, (Richmond: Virginia State Library, 1945), V. 93.

[5] _Industrial and Historical Sketch of Fairfax County_, (Fairfax:

County Board of County Supervisors, 1907), p. 45.

[6] Northern Neck Grants Book, Liber E, p. 182. William Fairfax was a

cousin of the Proprietor, and acted as his agent.

[7] The so-called Truro Parish Partition Map, purporting to lay out

boundaries for a division of Truro Parish to create a new parish for

the western settlements. See _Virginia Magazine of History and

Biography_, XXXVI, 180.

[8] Fairfax County Deed Book, Liber A, No. 2, p. 494.

[9] Fairfax County Deed Book, Liber A, Pt. 1, p. 52, Survey, March 17,

1742.

[10] E. Sprouse (ed), Fairfax County Abstracts: Court Order Books,

1749-1792, citing Order Book, 1749-54, December 26, 1749, p. 49.

[11] _Ibid._, p. 131. Charles Broadwater was one of the justices.

[12] There was some reason to support this, apparently, for in 1748

the General Assembly reduced the number of court meetings to four per

year for these reasons. See Virginia, Laws, 1742, c. 32; Laws, 1748,

c. 59; Laws, 1752, c. 7.

[13] _Virginia Gazette_, reprinted in _William & Mary Quarterly_, XII,

215.

[14] Cited in Mary G. Powell, _The History of Old Alexandria, Virginia

from July 13, 1749 to May 24, 1861_, (Richmond: William Byrd Press,

1928), p. 35.

[15] _Ibid._, p. 22.

[16] Jeanne Rust, _History of the Town of Fairfax_, (Washington: Moore

& Moore, 1960), p. 30.

[17] Gay M. Moore, _Seaport on the Potomac_, (Richmond: Garrett &

Massie, 1949), p. 12.

[18] William C. Moore, "Jeremiah Moore: 1746-1815," _William & Mary

Quarterly_, 2d ser., XIII, 18, 21. Tradition also holds that Jeremiah

Moore was defended by Patrick Henry, but this has not been verified.

[19] Robert Anderson, "The Administration of Justice in the Counties

of Fairfax, and Alexandria and the City of Alexandria", _Arlington

Historical Magazine_, II, No. 1 (October 1961), 19-21.

[20] "Letters of George Mason to Zachariah Johnston", _Tyler's

Quarterly Review_, V (January 1924), 189.

[21] Virginia, Laws, 1797-98, c. 37; Shepherd, _Statutes at Large_,

II, 107.

[22] During the 1780's the court was compelled to leave the original

courthouse building for temporary quarters. Harrison, _Landmarks_, p.

343, states that during this period the County Court met in the

Alexandria Town House, located next door, which also housed the

Hustings Court. He also states that the Clerk of the County Court set

up his offices in a nearby school building. The _Alexandria Gazette_,

November 13, 1878, reported the demolition of an old house on the

south side of Duke Street, east of St. Asaph's Street, which it stated

had served as the office of the Clerk of Alexandria's Hustings Court

and the Fairfax County Court commencing in the spring of 1793.

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