The History of the City of Fredericksburg, Virginia

by S. J. Quinn

As it was found necessary to have courts to punish crimes, to settle disputes and to enforce law and order in the Commonwealth for the good of society, it was also found necessary to have buildings in which to hold the courts, to keep their records, and a place to confine criminals until they were tried by the courts, and then to punish them after conviction for their crimes. Therefore, the act that gave Fredericksburg a name and a place among the towns of the country, also gave it the authority, and enjoined it as a duty, to erect a courthouse and a jail, which was soon done; and it is almost certain that whatever court Fredericksburg had from 1727, when it was first incorporated, to 1781, when it was chartered by the Legislature of Virginia, was held in that courthouse and that the criminals were kept and punished in that jail.

When the hustings court was organized its sessions were held in the “coffee-house,” but as soon as preparations could be made it was held in the old town hall, or market-house, on Main street, which appears to have had rooms sufficient for all public uses, as it was a favorite resort for the “lovers of balls and parties and other public gatherings.”

The first thing, however, that claimed the attention of the court was the repairing of the “courthouse and common gaol, where criminals could be placed and safely kept and in due time brought before the court.” The first jail erected for the town seems to have been built partly with brick, and, from a false notion of economy, was entirely too small, was uncomfortable and not fit to keep prisoners in. This was so patent that the matter was, at various times, and for several years, brought to the attention of the court. Various grand juries, upon examination, had reported that it was not a suitable place in which to confine prisoners.

In 1803 a grand jury brought in an indictment against the jail as a nuisance, and charged that a colored criminal, who had been confined therein, had contracted a disease of which he afterwards died. This colored man was arrested, charged with entering a house in the night time and stealing goods therefrom, which was a capital offence. He was tried by the hustings court, after considerable delay, and sentenced to be hung, but was recommended to the mercy of the Governor, who pardoned him.

It was while the colored man was awaiting a trial, and afterwards the action of the Governor, that it was claimed he contracted a disease, of which he died soon after his liberation. Upon this report of the grand jury the court ordered the small, brick jail torn down and a new one of stone to be erected in its place. This new building was completed in 1805, when Wm. Taylor was appointed by the court and ordered to “sell the brick and other materials of the old jail in this corporation on a credit of sixty days and make return to this court.”

This jail stood on Princess Ann street, just north of the present clerk’s office, and, long before it was torn down and removed, was “an eye-sore to the public,” and especially to those who lived in that locality. In 1851, when it was decided to build a new courthouse, it was also decided to move the jail. This was a joint action of the court and Common Council, and it met with serious opposition by many of the tax-payers, on the ground that it was a waste of public money, the present jail being all that was needed.

But the order was given, and the jail was torn down and rebuilt in rear of the courthouse, the public scales, which stood on the spot, to be “moved to some more convenient place.” The most of the stone in the old jail was placed in the new one, but a portion of it was taken for the foundation of the fence, which, until some six years ago, enclosed the courthouse yard and sustained the wall on George street and in Jail alley. The present granite alignment of the courthouse lot is a great improvement on the old iron fence.

THE COURTHOUSE.

The first courthouse the town had was built on a part of the ground occupied by the present building and stood several feet back from the street. It was a small, brick structure and very uncomfortable. It is supposed to have been the second courthouse built for the town, the first having been built soon after the town was laid out. As early as 1820 the courts complained of the building they had to occupy and declared that it was unsuitable for court purposes. Various requests and complaints were made and orders issued to the Common Council by the court, looking to the erection of a new and commodious building, but the Council appeared to take no action in the matter, except to lay on the table all communications from the court on the subject.

It appears that the town and county were joint owners in the jail and courthouse, they being public property and the town then being a part of the county, and possibly contributed some way to their erection. This may account to some extent for the tardiness of the Council in taking action, but whether it does or not, the court was not satisfied and did not attempt to conceal its displeasure.