The Blue-Grass Region of Kentucky, and Other Kentucky ArticlesAllen, James Lane
General
The Blue-Grass Region of Kentucky, and Other Kentucky Articles
Allen, James Lane
Kentucky -- Description and travel; Kentucky -- Social life and customs
They have been assembling here now for nearly a hundred years. One of
the first demands of the young commonwealth in the woods was that its
vigorous, passionate life should be regulated by the usages of civil
law. Its monthly county courts, with justices of the peace, were derived
from the Virginia system of jurisprudence, where they formed the
aristocratic feature of the government. Virginia itself owed these
models to England; and thus the influence of the courts and of the
decent and orderly yeomanry of both lands passed, as was singularly
fitting, over into the ideals of justice erected by the pure-blooded
colony. As the town meeting of Boston town perpetuated the folkmote of
the Anglo-Saxon free state, and the Dutch village communities on the
shores of the Hudson revived the older ones on the banks of the Rhine,
so in Kentucky, through Virginia, there were transplanted by the people,
themselves of clean stock and with strong conservative ancestral traits,
the influences and elements of English law in relation to the county,
the court, and the justice of the peace.
[Illustration: CONCLUDING A BARGAIN.]
Through all the old time of Kentucky State-life there towers up the
figure of the justice of the peace. Commissioned by the Governor to hold
monthly court, he had not always a court-house wherein to sit, but must
buy land in the midst of a settlement or town whereon to build one, and
build also the contiguous necessity of civilization--a jail. In the rude
court-room he had a long platform erected, usually running its whole
width; on this platform he had a ruder wooden bench placed, likewise
extending all the way across; and on this bench, having ridden into
town, it may be, in dun-colored leggings, broadcloth pantaloons, a
pigeon-tailed coat, a shingle-caped overcoat, and a twelve-dollar high
fur hat, he sat gravely and sturdily down amid his peers; looking out
upon the bar, ranged along a wooden bench beneath, and prepared to
consider the legal needs of his assembled neighbors. Among them all the
very best was he; chosen for age, wisdom, means, weight and probity of
character; as a rule, not profoundly versed in the law, perhaps knowing
nothing of it--being a Revolutionary soldier, a pioneer, or a
farmer--but endowed with a sure, robust common-sense and rectitude of
spirit that enabled him to divine what the law was; shaking himself
fiercely loose from the grip of mere technicalities, and deciding by the
natural justice of the case; giving decisions of equal authority with
the highest court, an appeal being rarely taken; perpetuating his own
authority by appointing his own associates: with all his shortcomings
and weaknesses a notable, historic figure, high-minded, fearless, and
incorruptible, dignified, patient, and strong, and making the county
court days of Kentucky for wellnigh half a century memorable to those
who have lived to see justice less economically and less honorably
administered.
Public-domain text, read in full here on John Shaqi.
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