II
They have been assembling here now for nearly a hundred years. One of the first demands of the young commonwealth in the woods was that its vigorous, passionate life should be regulated by the usages of civil law. Its monthly county courts, with justices of the peace, were derived from the Virginia system of jurisprudence, where they formed the aristocratic feature of the government. Virginia itself owed these models to England; and thus the influence of the courts and of the decent and orderly yeomanry of both lands passed, as was singularly fitting, over into the ideals of justice erected by the pure-blooded colony. As the town meeting of Boston town perpetuated the folkmote of the Anglo-Saxon free state, and the Dutch village communities on the shores of the Hudson revived the older [93] ones on the banks of the Rhine, so in Kentucky, through Virginia, there were transplanted by the people, themselves of clean stock and with strong conservative ancestral traits, the influences and elements of English law in relation to the county, the court, and the justice of the peace.
CONCLUDING A BARGAIN.
Through all the old time of Kentucky State-life there towers up the figure of the justice of the peace. Commissioned by the Governor to hold monthly court, he had not always a court-house wherein to sit, but must buy land in the midst of a settlement or town whereon to build one, and build also the contiguous necessity of civilization—a jail. In the rude court-room he had a long platform erected, usually running its whole width; on this platform [94] he had a ruder wooden bench placed, likewise extending all the way across; and on this bench, having ridden into town, it may be, in dun-colored leggings, broadcloth pantaloons, a pigeon-tailed coat, a shingle-caped overcoat, and a twelve-dollar high fur hat, he sat gravely and sturdily down amid his peers; looking out upon the bar, ranged along a wooden bench beneath, and prepared to consider the legal needs of his assembled neighbors. Among them all the very best was he; chosen for age, wisdom, means, weight and probity of character; as a rule, not profoundly versed in the law, perhaps knowing nothing of it—being a Revolutionary soldier, a pioneer, or a farmer—but endowed with a sure, robust common-sense and rectitude of spirit that enabled him to divine what the law was; shaking himself fiercely loose from the grip of mere technicalities, and deciding by the natural justice of the case; giving decisions of equal authority with the highest court, an appeal being rarely taken; perpetuating his own authority by appointing his own associates: with all his shortcomings and weaknesses a notable, historic figure, high-minded, fearless, and incorruptible, dignified, patient, and strong, and making the county court days of Kentucky for wellnigh half a century memorable to those who have lived to see justice less economically and less honorably administered.
But besides the legal character and intent of the [95] day, which was thus its first and dominant feature, divers things drew the folk together. Even the justice himself may have had quite other than magisterial reasons for coming to town; certainly the people had. They must interchange opinions about local and national politics, observe the workings of their own laws, pay and contract debts, acquire and transfer property, discuss all questions relative to the welfare of the community—holding, in fact, a county court day much like one in Virginia in the middle of the seventeenth century.