The Fairfax County CourthouseNetherton, Ross De Witt
History
The Fairfax County Courthouse
Netherton, Ross De Witt
Courthouses -- Virginia -- Fairfax County -- History; Law -- Virginia -- Fairfax County -- History
This was a day to settle old grudges. When a man got too much
whiskey he was very quarrelsome and wanted to fight.... It was,
also, a great day for the gingerbread and molasses beer. The cake
sellers had [tables] in front of the courthouse, spread with white
cloths, with cakes piled high upon them and with kegs of beer
nearby. I have seen the jurymen let down hats from the windows
above, get them filled with gingerbread and a jug of beer sent up
by rope. About four or five o'clock the crowd began to start for
home.[63]
For anyone who had business with the court, whether he or she came as
a petitioner or a penitent, the justices, clerk, sheriff, and other
officials represented the presence of power and authority as colonial
Virginia knew it. But it was a presence in which men stood on little
ceremony or formality with each other. Except in unusual circumstances
all were likely to be laymen, for in colonial Virginia there was
little formal education in the professions and, at most, one might
have attended lectures at the College of William & Mary or a school in
England. If the gentlemen justices were widely read in history,
philosophy, government and literature--as well they might be--these
advantages of their means and leisure did not destroy their
appreciation for the issues they were asked to decide. For in their
own right they were planters who had to face and deal with these
issues in their own lives. Accordingly, their decisions, as reflected
in the minutes of their sessions, were based on this realism which
comes from personal experience.
Yet it remained true that the gentlemen justices of the county court
were, for most practical purposes, beyond any control of the community
they governed. Any complaint about the manner in which the justices
conducted their business could only be directed to the governor.[64]
Should the court cease to function for long periods of time because of
quarreling among the justices, or should the occurrence of an
emergency require replacement of justices, the freeholders of the
county had no method of dealing with their problem except through the
pressure of public opinion.[65]
Even with the best of good will among the members of the court, they
could not escape the usual difficulties of handling legal matters
before a bench of lay judges, who not only lacked professional
training, but were handicapped by the scarcity and cost of law
books.[66] Decisions which seemed wrong could, from earliest colonial
times, be appealed to the governor and General Court. Later the
establishment of District Courts, and their successors the Circuit
Courts, provided an intermediate tribunal for determining matters
which turned on points of law. But the business of the gentlemen
justices on court days was a mix of legal and administrative matters,
and in the latter area of activity there was no appeal.
_Election Days_
Public-domain text, read in full here on John Shaqi.
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