CHAPTER II

THE PROVIDENCE COURTHOUSE AND ITS RELATED BUILDINGS: 1800-1860

_Location and Construction_

The resolution of the General Assembly ordering relocation of the

courthouse was not specific as to the site on which it would be built.

Accordingly, in May 1790, the court appointed a commission to inspect

a site near Ravensworth, within a mile of the crossroads at Price's

Ordinary, and to negotiate for purchase of a two-acre parcel.[23] The

commissioners' report was not favorable to the site, however, and

negotiations for other land continued until, in May 1798, a group of

commissioners was appointed to inspect a site at Earp's Corner

(between a road which later became the Little River Turnpike and the

Ox Road), owned by Richard Ratcliffe.[24] The commissioners reported

favorably, and Ratcliffe was persuaded to sell four acres to the

County for one dollar. A sale was made, and the deed recorded on June

27, 1799.[25]

Work had begun on the new courthouse some six months earlier, as

indicated by the following notice appearing in the _Columbia Mirror

and Alexandria Advertiser_:

The Fairfax Court House Commissioners have fixed on Thursday the

28th instant for letting out the erection of the necessary Public

Buildings to the lowest bidder. As they have adopted the plan of

Mr. Wren, those workmen who mean to attend may have sight of the

plan.

Charles Little

David Stuart

William Payne

James Wren

Charles Minor[26]

The successful bidders at this event were John Bogue, a carpenter and

builder newly arrived in the United States, and his partner, Mungo

Dykes. They completed the construction of the courthouse late in 1799,

and on January 27, 1800, the Commissioners reported to the County

Court that they had received the "necessary buildings for the holding

of the Court", and found them "executed agreeably to the

contract".[27]

Within the four-acre courthouse tract, a half-acre was laid off to

provide space to build an office for the Clerk of the Court.[28] This

original tract did not provide enough ground for the jail yard and

other grounds comprising the courthouse compound.[29] Accordingly, in

March 1800 the Court ordered William Payne to prepare a new survey of

the compound, enlarged to accommodate all of the facilities required

by the law. The area of this new survey was ten acres, capable of

accommodating courthouse, jail, clerk's office, gallows and pillory, a

stable, a storehouse and possibly an ordinary.[30]

The equipping of the courthouse and transfer of the court's records

were accomplished by March 1800, so that the _Columbia Mirror and

Alexandria Advertiser_ was able to carry a notice its March 29th

edition that

The County Court of Fairfax is adjourned from the town of

Alexandria to the New Court House, in the Center of the County,

where suitors and others who have business are hereby notified to

attend on the 3d Monday in April next.

Thus, the first recorded meeting of the court in the new courthouse

was on April 21, 1800.[31] Meanwhile, in Alexandria, the Mayor and

Council adopted a resolution giving to Peter Wagener the title to the

bricks of the old courthouse on Alexandria's market square as

indemnity for pulling it down.[32]

_Fairfax Courthouse and the Town of Providence_

The central location of the new courthouse and the improvement of its

accessibility through the construction of several turnpike roads

commencing in the early 1800's, led naturally to the growth of a

community around the courthouse. In the vicinity of the crossroads a

few buildings antedated the courthouse. Earp's store, probably built

in the late 1700's, was one such building, as were dwelling houses

reputedly built by the Moss family and Thomas Love.[33]

Development of more nearby land was not long delayed. In 1805 the

General Assembly authorized establishment of a new town at Earp's

store, to be named Providence.[34] The future growth of the town was

forecast in a plat laying off a rectangular parcel of land adjacent to

the Little River Turnpike into nineteen lots for building.[35]

Settlement during the next few decades was relatively slow. Rizen

Willcoxen built a brick tavern across the turnpike from the

courthouse.[36] A variety of "mechanics" and merchants opened their

workshops and stores to serve the local residents and travellers on

the turnpike, and, on the north side of the turnpike, a store was

established by a man named Gerard Boiling.[37] Also, a school for

girls occupied land across the turnpike from the present Truro

Episcopal Church, and, east of the courthouse crossroads, a Frenchman

named D'Astre built a distillery and winery and developed a

vineyard.[38]

Martin's 1835 _Gazetteer of Virginia and the District of Columbia_

described Fairfax Court House Post Office as follows: "In addition to

the ordinary county buildings, some 50 dwelling houses (for the most

part frame buildings), 3 mercantile stores, 4 taverns, and one

school."[39] The "mechanics" located in the town included boot and

shoe makers, saddlers, blacksmiths and tailors. The town's population

totalled 200, of which four attorneys and two physicians comprised the

professions. Somewhat later, the town's industry was augmented by

establishment of the Cooper Carriage Works on the turnpike west of the

courthouse.[40]

This growth of services around the seat of the county government was

an added inducement for the County's residents to gather in town when

court was in session, to trade, transact their business at the

courthouse, and exchange the news of the day. By the 1830's the

schedule of court days had expanded to include sessions of the County

Court (3d Monday each month), the Quarter Sessions (in March, June,

August and November), and the Circuit Superior Court (25th of May and

October).[41]

At these times the court would sit for several days--as long as

necessary--to complete the County's business. A quorum of the total

panel of appointed justices was necessary to conduct the court, but

this number generally was small enough so that no hardship was

suffered by those who had to leave their private concerns. In every

third month, the meetings of the court would also be the occasion for

convening the successor to the colonial courts of the Quarter

Sessions, at which criminal charges not involving capital punishment

were tried.

Throughout the first half of the nineteenth century, the sessions of

the County Court continued to be the chief feature of life in the town

of Providence, or Fairfax Court House, as it frequently was called.

When the court was not in session, the regular passage of carriages,

wagons, and herds along the Little River Turnpike was the main form of

contact which residents had with areas outside the locality. This

situation continued even after the coming of the railroads, for when

the Orange & Alexandria Railroad was chartered in 1848, its route was

laid out several miles south of Providence. Thus, the nearest rail

stations for the courthouse community were at Fairfax Station, on the

Orange & Alexandria Railroad, and at Manassas, where the Manassas Gap

Railroad left the Orange & Alexandria and ran to Harrisonburg.[42]

[Illustration: Four acres of Richard Ratcliffe's land near Caleb

Earp's Store laid off for the courthouse and other public buildings.

Record of Surveys, Section 2, p. 79, 1798.]

[Illustration: Ten acres of land surrounding the courthouse laid off

for the prison bounds. Record of Surveys, Section 2, p. 93, 1800.]

[Illustration: Ten acres of land surrounding the courthouse intended

for the prison bounds. Fairfax County Deed Book V-2, p. 208, 1824.]

[Illustration: One-half acre, part of the four-acre courthouse lot,

laid off for the Clerk of the County and his successors. Record of

Surveys, Section 2, p. 115, 1799.]

NOTES FOR CHAPTER II

[23] Fairfax County Court Order Book, 1789-1791, p. 93.

[24] _Ibid._, pp. 189-191.

[25] Fairfax County Deed Book B-2, pp. 373-377.

[26] _Columbia Mirror & Alexandria Advertiser_, June 19, 1798. John

Bogue had arrived in the United States with his family in 1795. On

June 20, 1795, the _Alexandria Gazette_ published his signed statement

thanking the captain of the ship "Two Sisters" for a good voyage. In

the August 1, 1795 issue of the _Gazette_, he advertised as a joiner

and cabinet maker on Princess Street near Hepburn's Wharf, "hoping to

succeed as his abilities shall preserve him deserving."

[27] Fairfax County Deed Book, B-2, p. 503.

[28] Fairfax County Record of Surveys, 1742-1850, p. 115.

[29] Fairfax County Deed Book, B-2, p. 503.

[30] Interview with former Clerk of Courts, Thomas Chapman of Fairfax,

Virginia, February 13, 1970.

[31] One of the items to come before the court at this session

involved winding up the county's contract with John Bogue and Mungo

Dykes. The Court's Clerk, Robert Moss, was summoned to appear and show

cause why he had not paid the contractors in conformance with the

commissioners' report accepting the buildings. Moss produced a receipt

for this payment, signed by Mr. Bogue's agent, who apparently had not

passed it along to his principal. Fairfax County Court Order Book,

1799-1800, p. 509.

[32] Powell, _Old Alexandria_, p. 38.

[33] Elizabeth Burke, "Our Heritage: A History of Fairfax County",

_Yearbook of the Historical Society of Fairfax County_, 1956-7, 5:4.

[34] _Ibid._, 32.

[35] Fairfax County Deed Book, M-2, p. 56.

[36] Rust, _Town of Fairfax_, p. 3.

[37] Gerard Bolling was the father-in-law of Richard Ratcliffe who had

provided the four-acre tract on which the courthouse had been built.

Rust, _Fairfax_, p. 31.

[38] _Ibid._

[39] Joseph Martin, _Gazetteer of Virginia and the District of

Columbia_, (Charlottesville, 1835), p. 168. The name "Providence"

apparently was less favored than the traditional Virginia style of

referring to the seat of county government.

[40] Rust, _Fairfax_, p. 37.

[41] Martin, _Gazetteer_, pp. 168-169.

[42] Marshall Andrews, "A History of Railroads in Fairfax County",

_Yearbook of the Historical Society of Fairfax County_, III (1954),

30-31.

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