Hence his fondness for large gatherings: open-air assemblies of the democratic sort—great agricultural fairs, race-courses, political meetings, barbecues and burgoos in the woods—where no one is pushed to the wall, or reduced to a seat and to silence, where all may move about at will, seek and be sought, make and receive impressions. Quiet masses of people in-doors absorb him less. He is not fond of lectures, does not build splendid theatres or expend lavishly for opera, is almost of Puritan excellence in [90] the virtue of church-going, which in the country is attended with neighborly reunions.
This large social disposition underlies the history of the most social of all his days—a day that has long had its observance embedded in the structure of his law, is invested with the authority and charm of old-time usage and reminiscence, and still enables him to commingle business and pleasure in a way of his own. Hardly more characteristic of the Athenian was the agora, or the forum of the Roman, than is county court day characteristic of the Kentuckian. In the open square around the courthouse of the county-seat he has had the centre of his public social life, the arena of his passions and amusements, the rallying-point of his political discussions, the market-place of his business transactions, the civil unit of his institutional history.
It may be that some stranger has sojourned long enough in Kentucky to have grown familiar with the wonted aspects of a county town. He has remarked the easy swing of its daily life: amicable groups of men sitting around the front entrances of the hotels; the few purchasers and promenaders on the uneven brick pavements; the few vehicles of draught and carriage scattered along the level white thoroughfares. All day the subdued murmur of patient local traffic has scarcely drowned the twittering of English sparrows in the maples. Then comes a Monday morning when the whole scene [91] changes. The world has not been dead, but only sleeping. Whence this sudden surging crowd of rural folk—these lowing herds in the streets? Is it some animated pastoral come to town? some joyful public anniversary? some survival in altered guise of the English country fair of mellower times? or a vision of what the little place will be a century hence, when American life shall be packed and agitated and tense all over the land? What a world of homogeneous, good-looking, substantial, reposeful people with honest front and amiable meaning! [92] What bargaining and buying and selling by ever-forming, ever-dissolving groups, with quiet laughter and familiar talk and endless interchange of domestic interrogatories! You descend into the street to study the doings and spectacles from a nearer approach, and stop to ask the meaning of it. Ah! it is county court day in Kentucky; it is the Kentuckians in the market-place.
WET GOODS FOR SALE—BOWLING-GREEN.
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.