By common consent of historians, the two most distinctive and most characteristic lines of development which English forms of government have followed, in propagating themselves throughout the United States, are the two lines that have led through New England on the one hand and through Virginia on the other. We have seen what shape local government assumed in New England; let us now observe what shape it assumed in the Old Dominion.
With the local government thus administered, we see that the larger part of the people had little directly to do. Nevertheless in these small neighbourhoods government was in full sight of the people. Its proceedings went on in broad daylight and were sustained by public sentiment. As Jefferson said, "The vestrymen are usually the most discreet farmers, so distributed through the parish that every part of it may be under the immediate eye of some one of them. They are well acquainted with the details and economy of private life, and they find sufficient inducements to execute their charge well, in their philanthropy, in the approbation of their neighbours, and the distinction which that gives them."
This county court usually met as often as once a month in some convenient spot answering to the shire town of England or New England. More often than not the place originally consisted of the court-house and very little else, and was named accordingly from the name of the county, as Hanover Court House or Fairfax Court House; and the small shire towns that have grown up in such spots often retain these names to the present day. Such names occur commonly in Virginia, West Virginia, and South Carolina, very rarely in Kentucky, North Carolina, Alabama, Ohio, and nowhere else in the United States. Their number has diminished from the tendency to omit the phrase "Court House," leaving the name of the county for that of the shire town, as for example in Culpeper, Va. In New England the process of naming has been just the reverse; as in Hartford County, Conn., or Worcester County, Mass., which have taken their names from the shire towns. In this, as in so many cases, whole chapters of history are wrapped up in geographical names.
If now we sum up the contrasts between local government in Virginia and that in New England, we observe:--
1. That in New England the management of local affairs was mostly in the hands of town officers, the county being superadded for certain purposes, chiefly judicial; while in Virginia the management was chiefly in the hands of county officers, though certain functions, chiefly ecclesiastical, were reserved to the parish.
2. That in New England the local magistrates were almost always, with the exception of justices, chosen by the people; while in Virginia, though some of them were nominally appointed by the governor, yet in practice they generally contrived to appoint themselves--in other words the local boards practically filled their own vacancies and were self-perpetuating.
QUESTIONS ON THE TEXT.
1. Why was Virginia more sparsely settled than Massachusetts?
2. Why was it that towns were built up more slowly in Virginia than in Massachusetts?
3. How was the great demand for labour in Virginia met?
4. What distinction of classes naturally arose?
5. Contrast the type of society thus developed in Virginia with that developed in New England.
6. Compare the Virginia parish in its earlier government with the English parish from which it was naturally copied.
7. Show how the vestry became a close corporation.
8. Who were usually chosen as vestrymen, and what were their powers?
9. Compare Virginia's unit of representation in the colonial legislature with that of Massachusetts, and give the reason for the difference.
10. Describe the county court, showing in particular how it became a close corporation.
11. Bring out some of the history wrapped up in the names of county seats.
12. What were the chief powers of the county court?
13. Describe the assessment of the various taxes.
14. What were the sheriff's duties?
15. Describe the organization and command of the militia in each county.
16. Sum up the differences between local government in Virginia and that in New England (1) as to the management of local affairs and (2) as to the choice of local officers.
17. What did Jefferson think of the principle of township government?
18. What was the equivalent in Virginia of the New England town-meeting?
19. What was the value of this frequent assembling?
20. What schooling in political liberty before the Revolution did Virginia and Massachusetts alike have?
21. What was an impressive feature of the New England system?
22. What was an impressive feature of the Virginia system?
SUGGESTIVE QUESTIONS AND DIRECTIONS.
1. How many counties are there in your state?
2. Name and place them if the number is small.
3. In what county do you live?
4. Give its dimensions. Are they satisfactory? Why?
5. Give its boundaries.
6. Is there anything interesting in the meaning or origin of its name?
7. How many towns and cities does it contain?
8. What is the county seat? Is it conveniently situated? Reasons for thinking so?
9. If convenient, visit any county building, note the uses to which it is put, and report such facts as may be thus found out.
10. Obtain a deed, no matter how old, and answer these questions about it:--
a. Is it recorded? If so, where? b. Would it be easy for you to find the record? c. Why should such a record be kept? d. What officer has charge of such records? e. What sort of work must he and his assistants do? f. The place of such records is called what? g. What sort of facilities for the public should such a place have? What safety precautions should be observed there? h. Why should the county keep such records rather than the city or the town? i. Is there a record of the deed by which the preceding owner came into possession of the property? j. What sort of title did the first owner have? Is there any record of it? Was the first owner Indian or European?
(The teacher might obtain a deed and base a class exercise upon it. It is easy with a deed for a text to lead pupils to see the common-sense basis of an important county institution, and thereafter to give very sensible views as to what it should be, even if it is not fully known what it is.)
11. Is there a local court for your town or city? 12. How do its cases compare in magnitude with those tried at the county seat?
13. If a man steals and is prosecuted, who becomes the plaintiff?
14. If a man owes and is sued for debt, who becomes the plaintiff?
15. What is a criminal action?
16. What is a civil action?
17. What is the result to the defendant in the former case, if he is convicted?
18. What is the result to the defendant in the latter case, if the decision is against him?
19. Is lying a crime or a sin? May it ever become a crime?
20. Are courts of any service to the vast numbers who are never brought before them? Why?
21. May good citizens always keep out of the courts if they choose? Is it their duty always to keep out of them?
22. Is there any aversion among people that you know to being brought before the courts? Why?
23. What is the purpose of a jail? Is this purpose realized in fact?
24. Should a disturbance of a serious nature break out in your town, whose immediate duty would it be to quell it? Suppose this duty should prove too difficult to perform, then what?
25. What is the attitude of good citizenship towards officers who are trying to enforce the laws? What is the attitude of good citizenship if the laws are not satisfactory or if the officers are indiscreet in enforcing them?
26. Suppose a man of property dies and leaves a will, what troubles are possible about the disposal of his property? Suppose he leaves no will, what troubles are possible? Whose duty is it to exercise control over such matters and hold people up to legal and honourable conduct in them?
27. What is an executor? What is an administrator?
28. If parents die, whose duty is it to care for their children? If property is left to such children, are they free to use it as they please? What has the county to do with such cases?
29. How much does your town or city contribute towards county expenses? How does this amount compare with that raised by other towns in the county?
30. Give the organization of your county government.
31. Would it be better for the towns to do themselves the work now done for them by the county?
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BIBLIOGRAPHICAL NOTE.
Civil Government in the United States Considered With Some Reference to Its Origins · The Wunder Library — complete classics, free to read, with narration.