The History of the City of Fredericksburg, Virginia

by S. J. Quinn

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 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 assist 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 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 circuit courts constituting 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 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 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 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 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 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 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.