USA > Virginia > City of Fredericksburg > City of Fredericksburg > The history of the city of Fredericksburg, Virginia > Part 11
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* This amount was ascertained by Mr. St. George R. Fitzhugh, after a thor- ough examination of the indebtedness of the town at the close of the war, about 1895, which was published in the town papers and also in circulars and distributed.
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one purchased his chair, and thereafter the members furnished their own seats at the council board, while they legislated for the public good, without fee or reward, other than the consciousness of duty nobly done.
The Common Council that took charge of municipal affairs in 1870 had many grave and difficult questions to meet and determine. Debts had accumulated against the city, while the taxable values had greatly diminished by the destruction of property during the war and the emancipation of the slaves. A large portion of the inhabitants had recently returned home-the women and children from refugeeing and the men from the army-almost penniless, to find their homes in ruins or badly damaged and despoiled of what had been left in them. Nearly everybody had to commence life anew.
The Council, therefore, had to provide for these debts, and, at the same time, not place a burden upon an impoverished people, in the form of taxation that they could not bear. It was a trying ordeal, but the members were equal to the emergency. That Coun- cil was composed of Walker Peyton Conway, J. Gordon Wallace, Hugh S. Doggett, George W. Eve, Patrick McCracken, Wm. C. Morrison, Joseph W. Sener, John T. Knight, John H. Myer, George Gravatt, Thomas Harrison and John James Young.
The finance committee of that Council, which was expected to provide for the finances and bring before the Council, for its con- sideration and adoption, such measures as would meet the emer- gency and not oppress the tax-payers, consisted of W. P. Conway, J. Gordon Wallace and Hugh S. Doggett. With great diligence they applied themselves to their task. A tax bill was formulated and brought before the Council levying a tax, which was adopted, and in a short time money was raised, the debts were paid in installments until all creditors were paid or satisfactory arrange- ments made with them.
In 1876 the old bonds of the city were funded, by mutual agree- ment of the Council and the bond holders, at sixty-six and two- third cents on the dollar, the new bonds to bear seven per cent. interest and run thirty years. This was a wise arrangement of the
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Council, notwithstanding there was considerable opposition to it, the opponents of the measure claiming that the rate of interest of the new bonds should not exceed six per cent., although money was then bringing from ten to twelve per cent., and sometimes more than twelve. The amount of bonds issued under this funding act amounted to $125,000.
By this arrangement of funding one-third of the principal of the bonds was eliminated, the threatened suits for past-due interest were averted, and it put the Council in a position to provide for the interest as it should fall due, take care of the floating debt, and at the same time reduce the rate of taxation, which the tax-payer hailed with delight. Thus the delinquencies of the former years were met and provided for, the rate of taxation was not oppressive, and the town, being under the control of its own citizens, untram- melled by military authority, rapidly moved forward, public confi- dence in its ability to meet its obligations was restored and thus municipal affairs were placed in a satisfactory condition. The credit of the city is as good at present as any city of the State, and no bonds have been funded or sold in the last twelve years at a greater rate of interest than four per cent., or at any figure below their face value.
PRESENT INDEBTEDNESS, INCLUDING ANTE AND POST BELLUM BONDS.
The bonded indebtedness of the city, and the improvements for which said bonds were issued is a matter that concerns every citi- zen, and for their information are here given as of 1908:
Five per cent. water bonds, issued July 1, 1895, due January 1, 1909, coupons payable January and July 1st $ 30,000
Four per cent. gas bonds, issued January 2, 1900, coupons due July and January 2nd, bonds due January 2, 1920. 25,000 Four per cent. bridge bonds, issued July 2, 1900, coupons due January and July 2nd, bonds due July 2, 1920. 25,000 Four per cent. electric light bonds, issued January 1, 1901, cou- pons due July and January 1st, bonds due January 1, 1931 ... 12,000 Four per cent, sewer bonds, issued April 1, 1901, coupons due October and April 1st, bonds due April 1, 1931. 18,000 Four per cent. street improvement bonds, issued April 1, 1901, coupons due October and April 1st, bonds due April 1, 1931 . . 20,000
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Four per cent. water and gas bonds, issued April 1, 1905, cou- pons due October and April 1st, bonds due April 1, 1931. .... 20,000 Four per cent. gas and water bonds, issued September 1, 1905, coupons due September 1st, $5,000 to be paid each year till paid, $5,000 already paid. 20,000 Four per cent. bonds funding the old 7 per cent. bonds, issued May 1, 1906, coupons due May and November, bonds due May 1, 1936. 119,400
Three bonds of $5,000, due National Bank of Fredericksburg and payable $5,000 on November 1, 1908, and yearly thereafter, bearing 4 per cent. interest .. 15,000
Making the total bonded debt of the town $304,400
Many of these public improvements were constructed by the authority of the freeholders of the town, by a majority vote cast at special elections appointed and held for that purpose; others were constructed by action of the City Council under authority granted them by the new constitution enlarging the powers and duties of city councils, and appeared to have the sanction of a large majority of the tax-payers of the town.
Confederate Cemetery at Fredericksburg. The pyramid of stones marks the battle-field at Hamilton's Crossing, between Jackson and Meade. (See page 185)
CHAPTER IX
The Courts of Fredericksburg-The Freedman's Bureau-Court Orders and Incidents-First Night Watch-Ministers Qualify to Perform Marriage Ceremony-First Notary Public-Fix- ing the Value of Bank Notes-Prison Bounds for Debtors- Public Buildings, &c.
If every one in this Christian land was a Christian, and was governed by the rule laid down and inculcated by the Christ, "whatsoever ye would that men should do to you, do ye even so to them," there would have been but little, if any, use for courts in this country. But all people are not Christians, and all Christians are not governed by that golden rule, therefore courts were neces- sary to punish crime, settle disputes, protect the weak against the strong, secure the widow and orphan in their rights, enforce pro- vision for the indigent poor, and perform other functions for the benefit of society and the well-being of the country.
What courts Fredericksburg had before the Revolutionary war is unknown, as no record seems to have been left of them. In all probability the successors of Major Lawrence Smith were also authorized to execute martial law and hear and determine all ques- tions, as a county court might do, until the town was chartered in 1727 and placed in the hands of trustees. These trustees had cer- tain powers conferred upon them by act of the House of Burgesses, and they were to keep records of their proceedings, but these re- cords cannot now be found and quite likely have long ago been destroyed.
It may have been possible that the Colonial Governors appointed magistrates to hear and determine causes within certain limits and to punish petty offences, while causes beyond those limits and felonies were heard and determined by the court sitting at Wil- liamsburg. Of this, however, we are left to conjecture, as no re- cords are at our command. But if this had been the manner of dispensing justice prior to 1781, it furnished a pattern for the
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Virginia Legislature for many years thereafter with respect to the town, as is referred to elsewhere.
The first court established in Fredericksburg, that we now have any records of, was by an act of the General Assembly of Virginia, passed during the session of 1781. At that session Fredericksburg was regularly incorporated and given a Common Council and a hustings court, but the court did not organize until April 15, 1782. At its organization the following justices were present: Charles Mortimer, Wm. McWilliams, James Somerville, Charles Dick, Samuel Roddy and John Julien, "the same being Mayor, Recorder and Aldermen of the town," elected to their respective offices on the 18th day of March, 1782, in the order above named.
This continued as the only court of the town until 1788, when nineteen district courts were established in the State by the General Assembly, one of which was located at Fredericksburg. These courts were presided over by two judges of the General Court, located at Richmond, the number of judges of that court having been, by the same act, increased from five to ten judges.
This district court was regarded as a very important court, and was attended by some of the ablest lawyers in Virginia and adjoin- ing States. Edmund Randolph, after he was Governor and twice a Cabinet Minister,* and also James Monroe, a citizen of this place, after he was Minister to England, France and Spain, were attor- neys before and practised in this court. While attending a session of this court, on the 3rd day of May, 1798, Governor Randolph published the following card in the Virginia Herald :
"My business in the Court of Appeals and High Court of Chan- cery render it impossible for me to attend constantly the district court holden at this place. I have, therefore, come hither, during the present term, with a hope of finishing almost every cause in which I was employed; and have refused all fees, which have been offered to me in any suits, which I may not try before I leave the town. I am apprehensive, however, that I shall not succeed in concluding everything ; and I have accordingly, made the following
* Attorney-General and Secretary of the Treasury in Washington's Cabinet.
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arrangement : To some of my clients I have personally returned the fees; to all others, where the business has not been absolutely finished, or any step remains to be taken, except to move for the opinion of the court, the fee will be returned on application to John Chew, Esq., clerk of the court, who has been so obliging as to accept from me a list of all my suits, still depending, of the money received, and of their situation. Although the fees are to be returned yet I have obtained the favor of Colonel Monroe,* Colonel John Minor and Francis Brooke, Esq.,t to attend to these suits, agreeably to the memorandum which I have given each of them, with every paper and information in my power. In two of the cases, which are of peculiar importance, I shall attend myself at a future day; and in all instances, will cheerfully assist with my advice. If required, I will be ready to attend the trial of any par- ticular suits, now or hereafter depending in this court whensoever the business of the Court of Appeals and High Court of Chancery will permit."
This court continued in existence for about twenty years, when, by an act of the General Assembly of 1808-9, it was abolished, and a "Circuit Court or a Superior Court of Law," was established in its stead. This new court was presided over by one of the judges of the General Court, the number of judges of that court, it appears, having been increased from ten to fifteen, to correspond with the number of circuits established in the State. These courts have continued to the present time, with slight changes at different periods as to their powers and territory, and are presided over by circuit judges.
In the year 1852 the State was divided into ten districts and a court was established for each district, known as the District Court of Appeals. The court for the Fourth district was located at Fredericksburg, and was held up-stairs in the north wing of the present courthouse. This court consisted of the judges of the cir- cuit courts constituting the district and the judge of the Court of Appeals, elected from this section of the State, as president. It
* President James Monroe.
¡ Afterwards one of the Judges of the Supreme Court.
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was provided that no judge should sit in any appeal case sent up from his circuit. This court continued until the adoption of what was known as the Underwood Constitution, which failed to make provision for district courts.
Prior to 1870 the corporation or hustings court was held by three or more justices of the peace, but when the State constitution of that year was adopted it raised that court to a higher dignity, its powers and jurisdiction were enlarged, and a judge prescribed "who shall be learned in the law." Since the establishment of this court it has had five judges to preside over it-John M. Herndon, John T. Goolrick, Montgomery Slaughter, A. Wellington Wallace, and Alvin T. Embrey. The new State constitution abolished all county courts and provided four annual terms of the circuit court, which were regarded ample for all purposes. In this change in the present constitution Fredericksburg lost her session of the cir- cuit court and also her hustings court, but authority was conferred upon the City Council to continue the hustings court if it judged it necessary, the Legislature to elect the judge, whose term of office was to be ten years, and the Council was to pay his salary. In accordance with this authority the Council decided to continue the court, and Judge John T. Goolrick was elected by the General Assembly to preside over it.
The police court, established by the State constitution of 1870, is held by the Mayor of the town, and in his absence by the Recorder, or in his absence by any justice of the peace who may be designated by the Mayor for that purpose. This court has jurisdiction of mis- demeanors and of civil cases, where the amount involved is less than one hundred dollars, with the right of appeal to the corpora- tion court when the amount in controversy is ten dollars or more. After the first of January, 1909, by provision of State law, this court will be conducted by a police justice.
CIRCUIT COURT.
The new State constitution increased the number of circuits, when the county courts were abolished, to twenty-nine, and also increased the terms of the court to four annually, in order to enable
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the judges to do what the circuit courts previously did and most of the work formerly allotted to the old county courts. In order to do this the duties of the circuit clerks were greatly enlarged, that they might do much of the business heretofore transacted by the county courts. Fredericksburg is in the fifteenth circuit, but no session of the court is held within her borders. The circuit con- sists of five counties-King George, Stafford, Spotsylvania, Caro- line and Hanover. Our circuit judge is the Hon. John E. Mason, who resides most of the time in Fredericksburg.
CHANGE IN CITY AFFAIRS.
The same constitution that changed the circuit courts and abolished the county courts made many changes also with govern- ment of cities and towns. In Fredericksburg, divided into two wards as it had been for some years, the six Councilmen from each ward were elected at the same time to serve two years, the Mayor being the presiding officer of the body. In these changes each ward is to elect three Councilmen every two years, who are to serve a term of four years, and the presiding officer is to be elected from the body of the Council. The present president is William E. Bradley, Esq., the first one having been Col. E. D. Cole.
THE FREEDMAN'S BUREAU.
The Freedman's Bureau was established in Fredericksburg in 1865. It was an unique judicial tribunal, and found its way in our midst by reason of the disjointed condition of the country at that time. It was brought into being by congressional enactment, to be operated alone in the Southern States that had formed the Southern Confederacy, which government had then ceased to exist. The geographical divisions in the South were no longer States, as heretofore stated, but military districts, designated by numbers, and it was the opinion of the Federal authorities, it seems, that in the chaotic condition of society and the impotency of our courts, or from some other cause, the colored people, who had just been emancipated from slavery, would not be justly dealt with by their former owners, hence the necessity of this civil-military tribunal.
These Freedman's bureaus were composed of three judges-one
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an army officer and two citizens. In the organization of the bureau in Fredericksburg two of the judges were appointed by the com- mander of the military district and the third one was elected by the Common Council. Being thus formed it was supposed that all parties brought before the court would receive justice. It had original jurisdiction over misdemeanors, controversies involving labor and the observance of contracts, and appellate jurisdiction from the decisions of magistrates and police justices, where the rights of colored people and United States soldiers were involved.
The first court of this kind organized in Fredericksburg was com- posed of Major James Johnson, a United States army officer, Major Charles Williams, an ardent Union man, and James B. Sener, who was unanimously elected by the Common Council "a commissioner on the part of the citizens of the town in the Freed- man's bureau, about to be organized."*
Many absurd and amusing stories were put in circulation about this court, and the colored people were variously impressed with its functions and purposes, as well as of its powers and jurisdiction. Persons who followed the Union army to town, and who professed great friendship for the colored people and secured their confidence, told them that one purpose of the Freedman's Bureau was to adjust financial matters between ex-slaves and their former owners and to remunerate them for labor performed while they were in slavery. The money for this purpose was to be made from the property of those who owned the slaves and who received the benefit of their services.
The most of the colored people believed these, as they did the other absurd stores,t and it was agreed that a test case should be made in Fredericksburg, and if it was decided in favor of the ex- slave that all the other ex-slaves should bring similar suits for their
* Council proceedings, 1867. ¡Some of the colored people were told by wags that the object of the bureau was to furnish a bureau to every colored family that had none, as it was composed of bureaus. Believing this to be true, some colored women are said to have driven their wagons from Caroline county to town and applied to Major Johnson for their bureau, and could not conceal their disgust when they were informed that "It was a jestis bureau they had in Fredericksburg and not a furniture bureau."
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ante-bellum services. The papers were prepared in such a case by one of the so-called lawyers, who made their appearance in our midst in those troublous times, one of our colored men being the plaintiff, but it was soon ascertained that such a suit would be "laughed out of court," and therefore the matter was dropped and nothing more was heard from it. It is said that after this the bureau was not popular even with the colored people.
COURT ORDERS AND INCIDENTS.
There are many orders made and incidents that happened in the old courts that will be of interest to-day, if for no other reason than for their age and the fact that they are not practised in our present courts. Among the first things that claimed the attention of the hustings court, after its organization and appointment of the officers of the court, was to fix the rates of charges for the tavern- keepers. This it did on the 20th day of May, 1782, entering the following schedule :
"Good West India rum, one pound per gallon; bread, ten shil- lings ; whiskey, six ; strong beer, four ; good West India rum toddy, ten shillings; brandy toddy, seven shillings and six pence; rum punch, fifteen shillings; brandy punch, twelve; rum grog, six; brandy grog, five. Diet: one meal, one shilling and six pence; lodging, one shilling and three pence; "stablidge" and hay, two shillings ; oats and corn, nine pence per gallon."
Nearly half a century passed before another order in reference to tavern rates was made, or recorded if made. It is presumed that the schedule of rates made in 1782 was in force until the 10th day of May, 1838, or was renewed from time to time, with slight changes. On the 10th of May, 1838, another list of prices was adopted by the court, and entered as follows, dollars and cents being substituted for pounds and shillings :
Breakfast, 50 cents ; dinner 50; supper, 50; lodging, 25; grain per gallon, 12} "stablage" and hay per night, 25; Madeira wine, per quart, 1.00; champagne, per quart, 1.50; other wine per quart, 50; French brandy, 12} per gill; rum, 12}; gin, 12}; whiskey, 12} ; corn per gallon, 25.
9
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Another order was made by the court on the first day of March, 1784, when it "proceeded to settle the allowances to the officers of the corporation." That order gave to the officers their sal- aries as follows : Mr. John Minor, Jr., attorney for the Com- monwealth, 2000 pounds of tobacco; Henry Armistead, clerk, 1200 pounds; John Legg, sergeant, 1200 pounds; Henry Armi- stead, for attending all courts of inquiry, 400 pounds ; sergeant for same, 570 pounds, and Wm. Jenkins, "gaoler," 364 pounds. For several years the salaries of the corporation officers were paid in the same manner and in the same currency.
On the 2nd of August, 1784, it was "ordered that the clerk certify that this court do recommend Robert Brooke* as a person of probity, honesty and good demeanor." This recommendation, it is understood, was necessary in order for Mr. Brooke to obtain a license from the General Court to practise law; and on the 7th of February, 1785, Robert Brooke and Bushrod Washingtont were admitted as practising lawyers before the court.
Henry Armistead, the first clerk of the court, died about the first of August, 1787, and on the 6th of August John Chew, Jr., was appointed clerk to fill the vacancy. By that appointment we have this remarkable record, that from the appointment of John Chew, Jr., on the 6th of August, 1787, to the death of Colonel Robert S. Chew, on the 17th of August, 1886, the clerkship of the hustings court was in the Chew family, except the short time it was held by W. C. Strait under military appointment. It went from father to son for the fourth generation, covering a period of ninety-nine years and eleven days. These generations served as follows: John Chew, Jr., from 1787 to 1806; Robert S. Chew, from 1806 to 1826; John James Chew, from 1826 to 1867, and Robert S. Chew, from 1870 to 1886.
On the 27th of February, 1789, we are told that "James Mercer, Esq., Chief Justice of the General Court this day in open court took the oath of a Judge to the District Court, pursuant to an act of the
* Governor of Virginia in 1794-96, and afterwards Attorney-General of the State.
¡ Appointed a Justice of the Supreme Court of the United States by Presi- dent Washington.
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General Assembly entitled an act establishing district courts, and for regulating the General Court, which is ordered to be certified accordingly." From this entry we learn that James Mercer,* a Fred- ericksburg lawyer, was not only the chief justice of the General Court, which was held in Richmond, but the judge of the first dis- trict court held in Fredericksburg. This district court was the first court held in the town having jurisdiction over higher crimes than misdemeanors. Before the institution of this court all white persons charged with felonies were sent to Richmond for trial by the General Court.
From the records of the hustings court it appears that the "Gen- tlemen Justices" for many years after the introduction of United States money entered up fines and judgments in pounds, shillings and pence. The clerk used dollars and cents in entering up costs as early as 1795, but the court did not adopt the American count until about July, 1797. It is also noticeable that the clerk in nearly all entries placed the dollar mark after the figures, instead of in front of them, according to the present custom.
The first intimation that the town needed a watch or police, in addition to the town sergeant, is given in an order of the court, entered April 25, 1801, when it was "ordered that the sergeant of this corporation do (within the time limited for the collection of the other taxes in this corporation) collect of the housekeepers, within the jurisdiction of this court, two per cent. on the amount of their rents, agreeable to the assessed value thereof, and that he pay the same to the chamberlain to be appropriated to paying a watch to be kept in said corporation, the same being this day levied for that purpose."
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