The court then appointed a commission, consisting of Mayor Semple, Beverly R. Wellford, Wm. H. White, Thomas B. Barton and John L. Marye, who were instructed to contract with some responsible party to erect a good and substantial courthouse on lots 42 and 44, or either of them, according to the plan submitted to the court, or that plan modified, if it was found necessary, the cost not to exceed four thousand dollars. The commission was to report from time to time to the court. This action looked as if the court intended to exhaust its powers or have a new courthouse, but a few days' mixing with the people seems to have raised a doubt in the minds of the members of the court as to the wisdom of their action. At any rate, when the August term came the full corps of magistrates was present. A petition, and counter petition of the citizens of Fredericksburg, in relation to the action of the court upon the subject of rebuilding the courthouse, were severally presented, when, on a motion made to rescind the order for building the courthouse and laying a levy therefor, the vote stood as follows: For rescinding, Robert B. Semple, Peter Goolrick, Wm. C. Beale, Robert Dicky, 4. Against rescinding, Beverley R. Welford, Wm. H. White, Wm. Slaughter, Wm. Warren, 4. The court being divided on the question of repealing or enforcing its own order, the subject was dropped so far as any action of the court was concerned, and was not again brought up for several months. At the April term, in 1850, however, the court respectfully requested the Council to appoint a day to have an election, that the voters might express their wishes as to whether or not a levy should be made for the purpose of building a courthouse. This paper, although it placed the court before the Council in the attitude of an humble suppliant, was read before the Council and laid on the table, as all former papers from that source had been. This seems to have ended the efforts of the court to secure a new courthouse or the repairing of the old, either by entreaties, threats or by the power given it under the acts of the General Assembly. Thus things continued for one year, although the question was warmly discussed by the citizens, who were very much divided on the subject. An election was to be held the following March, and the court, finding itself defeated in all former efforts, transferred the question to the people in their selections for members of the Council. This was a wise move for the friends of the measure. The election was held and a Council in favor of building a new courthouse was elected. The eyes of the public were now turned from the hustings court to the Common Council which had just been elected. The contest was not long delayed.