George Washington Papers

[Diary entry: 21 November 1768]

21. Went up to Court and returnd in the Evening with my Brothr. John.

GW was attending the Fairfax County court as a justice for the first time since taking his oaths of office 21 Sept. The Fairfax court by law convened on the third Monday of every month except when there was no business to be considered, and it continued to meet, beginning daily about 9:00 A.M., until the docket for the month was finished, usually within six days (hening description begins William Waller Hening, ed. The Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature, in the Year 1619. 13 vols. 1819–23. Reprint. Charlottesville, Va., 1969. description ends , 5:489–91, 8:47). In November the court convened on this date and remained in session until 24 Nov., but GW was present only today (Fairfax County Order Book for 1768–70, 56–75, Vi Microfilm). Like most Virginia county justices of the time, GW attended court primarily at his convenience, coming when his affairs allowed or when a matter of special concern was to be heard. Irregular attendance, however, seldom caused any problems, because the law only required a quorum of 4 justices, a number that was relatively easy to obtain from the many available, especially in Fairfax County where several of the 23 justices lived in Alexandria near the courthouse (hening description begins William Waller Hening, ed. The Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature, in the Year 1619. 13 vols. 1819–23. Reprint. Charlottesville, Va., 1969. description ends , 5:489; sydnor description begins Charles S. Sydnor. American Revolutionaries in the Making: Political Practices in Washington’s Virginia. 1952. Reprint. New York, 1965. description ends , 79). County courts had powers and responsibilities in many areas as most criminal, civil, moral, administrative, and political matters in the counties came under their jurisdiction. They could try nearly all crimes committed by slaves and, for freemen, those crimes, such as minor theft and assault, that did not involve punishment by loss of life or limb. Civil cases heard by the monthly courts—usually suits for land, debts, or damages—had to be for at least 25s. or 200 pounds of tobacco. Suits of less value were decided out of court by individual justices. County courts also levied some taxes, registered most legal documents, judged cases of bastardy and public drunkenness, supervised the care of orphans by guardians or the parish vestry, issued ordinary licenses and set tavern prices, controlled the construction of roads and public buildings, and either recommended or appointed most county officials, including militia officers below the rank of brigadier. Justices as individuals, besides handling minor civil cases, had other duties and powers, such as the right to order attachments of property for debt and the right to issue warrants and peace bonds (hening description begins William Waller Hening, ed. The Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature, in the Year 1619. 13 vols. 1819–23. Reprint. Charlottesville, Va., 1969. description ends , 5:491–92, 6:105–11; sydnor description begins Charles S. Sydnor. American Revolutionaries in the Making: Political Practices in Washington’s Virginia. 1952. Reprint. New York, 1965. description ends , 76–83; chitwood description begins Oliver P. Chitwood. Justice in Colonial Virginia. 1905. Reprint. New York, 1971. description ends , 80–87).

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