The County: The "Dark Continent" of American PoliticsGilbertson, Henry S.
History
The County: The "Dark Continent" of American Politics
Gilbertson, Henry S.
County government -- United States
More important perhaps than any other enforcing agent of the county, in
these still primitive days, was the sheriff, who sooner or later became
a fixture in every American colony. This most ancient officer of the
county had been perpetuated through the centuries from Saxon and Norman
times. He had inherited nearly all of the powers and prerogatives
of his historical prototype as they obtained in England during the
seventeenth century. He did not preside over a court in the county,
but he could make arrests for violation of the law, with or without a
warrant. If his task was too much for one man, he could summon to his
aid a _posse comitatus_ of private citizens. And inasmuch as he
was obliged not only to apprehend, but to hold his prisoner for trial,
it very naturally fell to him to take care of the lock-up or jail.
There had been established, beginning with Connecticut, in 1666, a
system of local courts, whose jurisdiction in most states came to
be co-extensive with the county. Around this institution centered
the official life of the county, so much so that the county capitol
is universally known as the “court house.” The sheriff from its
beginnings acted as the high servant of this court, in the disposition
of prisoners, the execution of judgments, the service of warrants of
arrest and in similar duties.
To the account of Connecticut is also to be credited the most unique,
and in many ways most important county officer of modern times. In
the development of its criminal law, England had never worked out
a system of local prosecuting officers. The colonies in the early
days had assigned the duty of representing the state’s interest to
the magistrates. But in 1704 there was authorized for each county
in Connecticut an attorney “to prosecute all criminal offenders ...
and suppress vice and immorality.” From this beginning came the
distinctively American officer who is variously known as district
attorney, prosecutor of the pleas, solicitor, or state’s attorney.
Since the business of the county court (which formerly included
administrative as well as judicial matters) was too important not to
be recorded, there was established a clerk of court whose duties are
summarized in his title. In more recent times, however, the functions
of this officer have been both expanded and limited, according to
the amount of the transactions in the county. So that, in the larger
counties each court, or sometimes a group of courts, have a clerk
whose duties are solely concerned with judicial matters, while in less
important counties the “county clerk” finds it easily possible to serve
in no less than a dozen different capacities. It is the county clerk
who ordinarily issues marriage licenses and receives for filing, real
estate deeds, mortgages and a variety of other papers.
Public-domain text, read in full here on John Shaqi.
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