The History of the City of Fredericksburg, Virginia Part 10

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 Council 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 consideration and adoption, such measures as would meet the emergency 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 arrangements made with them.

In 1876 the old bonds of the city were funded, by mutual agreement 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 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 princ.i.p.al 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, untrammelled by military authority, rapidly moved forward, public confidence in its ability to meet its obligations was restored and thus munic.i.p.al 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 citizen, 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, coupons 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

Four per cent. water and gas bonds, issued April 1, 1905, coupons 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 const.i.tution 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.

[Ill.u.s.tration: 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--Fixing 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 necessary to punish crime, settle disputes, protect the weak against the strong, secure the widow and orphan in their rights, enforce provision 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 questions, as a county court might do, until the town was chartered in 1727 and placed in the hands of trustees.

These trustees had certain powers conferred upon them by act of the House of Burgesses, and they were to keep records of their proceedings, but these records 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 Williamsburg. Of this, however, we are left to conjecture, as no records are at our command. But if this had been the manner of dispensing justice prior to 1781, it furnished a pattern for the 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 a.s.sembly of Virginia, pa.s.sed 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 d.i.c.k, 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 a.s.sembly, 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 adjoining States.

Edmund Randolph, after he was Governor and twice a Cabinet Minister,[47]

and also James Monroe, a citizen of this place, after he was Minister to England, France and Spain, were attorneys 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 Chancery 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 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,[48] Colonel John Minor and Francis Brooke, Esq.,[49] 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 a.s.sist with my advice. If required, I will be ready to attend the trial of any particular 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 a.s.sembly 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 circuit courts const.i.tuting the district and the judge of the Court of Appeals, elected from this section of the State, as president. It 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 Const.i.tution, 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 const.i.tution 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 const.i.tution 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 const.i.tution Fredericksburg lost her session of the circuit 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 a.s.sembly to preside over it.

The police court, established by the State const.i.tution 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 misdemeanors and of civil cases, where the amount involved is less than one hundred dollars, with the right of appeal to the corporation 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 const.i.tution 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 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 consists of five counties--King George, Stafford, Spotsylvania, Caroline 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 const.i.tution that changed the circuit courts and abolished the county courts made many changes also with government 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 emanc.i.p.ated 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 an army officer and two citizens. In the organization of the bureau in Fredericksburg two of the judges were appointed by the commander 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 composed 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 Freedman's bureau, about to be organized."[50]

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 stories,[51] 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 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.