islative and executive functions." The court was composed of all the justices of peace of the county, of whom there was often a large number. All of the magistrates could sit together, but a minority made a quorum. This body, a close corporation where mem bers served during good behavior, on the occasion of a vacancy gave three names to the Governor, from which he was obliged to make a selection. The jurisdiction of the county court was wide and was in part con current with that of the circuit court. Be sides holding court once a month, the mag istrates were the county executors; as a body they levied taxes, supervised the dis bursement of public moneys, made contracts, and performed many of those duties which in our more complex society are discharged by different boards. Individually the members of the court were local magistrates, preserv ers of the peace and general advisers of their respective county sides. "The only com pensation which the justices received was the emoluments of the office of high sheriff. The sheriff was appointed by the governor from one of the three justices of peace recom mended by. the county court. The members aimed to confer this office on themselves in turn, in order of official seniority." Only the high sheriff received any compensation for services, for the theory then prevailed that the State was the expression of the law and general peace, the fountain of honor, the embodiment of all civic virtues, and to whom every man owed free service. The clerk of the county court was usually a man of education, often a fine office lawyer, and a great county character. He was ap pointed by the court and his term of office was indefinite. The bench of magistrates represented the intelligence and influence of the county and the monthly court days brought together the freeholders of the county who made a critical audience. In early Virginia days there was not a great deal of voting; the curse of universal suffrage had not yet come and freeholders were the only voters. Among the freeholders the country gentry were the natural leaders of the yeomen and mechanics and largely di
rected the ballots. The only votes cast were for presidential electors, congressmen and members of the Legislature, as the governor and the judges of the circuit and appellate courts were chosen by the Legislature. The freeholders gathered for election at the county seat, the one voting place and all the voting was viva voce, as "a secret ballot was •thought fit for cowards only." • Sometimes the candidates were present and sat upon the dais in the court room, while the sheriff held the polls, and a voter as he declared his preference, might receive a bow and formal thanks from Mr. Marshall, Mr. Randolph, or the great Mr. Henry. Around every court house was a wellturfed green, studded with trees, where the politicians harangued the voters and which swarmed with a multitude on court days. There the bullies and champions had their fierce fisticuffs with the slightest interference from their Honors of the bench who some times adjourned to see the fight. An anec dote told by Mr. Robert Lewis Dabney shows that even the aristocratic John Ran dolph of Roanoke took an interest in these combats. On one occasion while looking on at a fight on the court green of Cumber land county, he was so impressed with the powers of the victorious champion that he engaged1 him on the spot as overseer for a plantation in Charlotte county, hoping that the athlete might subdue a powerful neerro who was the terror of the plantation. The champion accepted and subdued the ne^roafter a Homeric battle in the field, destruc tive of much growing tobacco. The court house was the heart of com munity life and court week took the place of county fairs, social clubs and political conventiofls. During court week on court house green could be found the aristocratic planter, the yeoman, the merchant, the pedler, with his goods, the office-seekers with pleasant manners and suave speech. 'Court week was a season of festivity, but the work of the court itself was serious and faithfully performed. It is said to have given Virginia the best government ever enjoyed by the State.
