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.

Finding its requests and orders disregarded, the court issued an order declaring that the Council must build a new courthouse or provide a better place for holding court, but even this did not appear to hurry the Council, which moved along in its own quiet way. This controversy went on for several years, the court requesting, ordering, even threatening, without avail. It finally reached a point where it seems to have exhausted its patience and determined to assert its authority.

On the 14th of June, 1849, the court being composed of Mayor Semple and Justices Wm. H. White and Peter Goolrick, the following order was made and entered on the record book:

While this order and the appointment of the committee, with its instructions, created considerable comment, it did not seem to excite the Council or precipitate any action favorable to the proposed building. At the next court eight justices were present in answer to the summons issued at the last session of the court. Those present were R. B. Semple, Robert Dickey, Beverly R. Wellford, Wm. C. Beale, Wm. H. White, Peter Goolrick, Wm. Slaughter and Wm. Warren.

The report of the committee appointed at the previous court, was made, and the court declared “that in obedience to the act of the General Assembly, which requires that courts for the corporations within this Commonwealth should cause to be erected one good and convenient courthouse, that it is necessary and proper to build a courthouse for this corporation,” and the report of the committee “having been returned to court, and therewith an order from the county court of Spotsylvania, releasing to this court all title and interest the said county has to the jail and courthouse, within this corporation, and the said lots on which they stand, being considered by this court, it is approved and confirmed.”

The court then appointed a commission, consisting of Mayor Semple, Beverly R. Wellford, Wm. H. White, Thomas B. Barton and John L. Marye, who were instructed to contract with some responsible party to erect a good and substantial courthouse on lots 42 and 44, or either of them, according to the plan submitted to the court, or that plan modified, if it was found necessary, the cost not to exceed four thousand dollars. The commission was to report from time to time to the court.

This action looked as if the court intended to exhaust its powers or have a new courthouse, but a few days’ mixing with the people seems to have raised a doubt in the minds of the members of the court as to the wisdom of their action. At any rate, when the August term came the full corps of magistrates was present. A petition, and counter petition of the citizens of Fredericksburg, in relation to the action of the court upon the subject of rebuilding the courthouse, were severally presented, when, on a motion made to rescind the order for building the courthouse and laying a levy therefor, the vote stood as follows:

For rescinding, Robert B. Semple, Peter Goolrick, Wm. C. Beale, Robert Dicky, 4. Against rescinding, Beverley R. Welford, Wm. H. White, Wm. Slaughter, Wm. Warren, 4. The court being divided on the question of repealing or enforcing its own order, the subject was dropped so far as any action of the court was concerned, and was not again brought up for several months.

At the April term, in 1850, however, the court respectfully requested the Council to appoint a day to have an election, that the voters might express their wishes as to whether or not a levy should be made for the purpose of building a courthouse. This paper, although it placed the court before the Council in the attitude of an humble suppliant, was read before the Council and laid on the table, as all former papers from that source had been.

This seems to have ended the efforts of the court to secure a new courthouse or the repairing of the old, either by entreaties, threats or by the power given it under the acts of the General Assembly. Thus things continued for one year, although the question was warmly discussed by the citizens, who were very much divided on the subject. An election was to be held the following March, and the court, finding itself defeated in all former efforts, transferred the question to the people in their selections for members of the Council. This was a wise move for the friends of the measure. The election was held and a Council in favor of building a new courthouse was elected. The eyes of the public were now turned from the hustings court to the Common Council which had just been elected. The contest was not long delayed.

The election for Councilmen was held on the third Monday in March, 1851, and at the meeting, held on the first day of April, Messrs. Thomas B. Barton, John James Chew, J. Minor, Wm. Allen and Beverly R. Wellford were appointed a committee by the Council to consider the subject of the location and erection of a new courthouse and report thereon all matters connected with the cost, style and site of said building.The next meeting of the Council was held on the 26th of April. It was one of unusual importance, because the committee on the new courthouse was to report, and every member except two was in his seat, and the chamber was crowded to its full capacity by citizens, who felt a special interest in the subject. The committee was in favor of erecting a new courthouse, and therefore reported to the Council plans and specifications for the building, drawn by J. B. Benwick, Jr., of Baltimore, giving the style and the probable cost at $14,000.

The committee recommended the site of the old courthouse, the removal of the jail to the back of the new building and the removal of the clerk’s office and engine houses. The report was adopted and the committee was instructed to contract for the erection of the building inside of the estimated cost. This looked as if the Council meant business, and for the next three weeks the question was warmly discussed, and the opponents of the measure undertook to prevent the great waste of money, as they termed it, by petition and other influences. The Council met on the 21st of May to receive the report of the committee, appointed to contract for the building, and every member was present. The interest was intense and the opposition determined.

The committee made its report and the clerk of the Council made this record: “A contract with Wm. M. Baggett, for building a new courthouse, jail, &c., for the sum of $13,850, together with drawings and specifications of said buildings made by James Benwick, architect, and to be taken as part of said contract, and a bond executed by said Baggett, J. Metcalfe, J. S. Caldwell, and George Aler, in the sum of ten thousand dollars, for the faithful performance of said contract, by said Baggett, were submitted to the Council by T. B. Barton, chairman of the committee appointed for that purpose, for their approval or rejection.

“Whereupon, and before any action was had thereon, Mr. J. M. Whittemore, asked and obtained leave to be heard by the Council in support of a petition, signed by one hundred and seventy-two of the voters of the corporation, remonstrating against the extravagant scheme of pulling down the jail and other buildings on the courthouse lot, and praying the appointment of a committee of their own board,[56] to contract for the erection of a spacious and comfortable courthouse at a cost not exceeding six thousand dollars. Said petition was accordingly presented by Mr. Whittemore, and, being read, was, on motion, laid on the table.

“On motion, said contract was then approved and confirmed by the following vote to-wit: Ayes: F. Slaughter, Joseph Sanford, J. Minor, D. H. Gordon, J. Pritchard, L. J. Huffman, B. S. Herndon, Thomas F. Knox, Charles C. Wellford and John J. Berrey, 10. Nays: Hugh Scott and Wm. Allen, 2. And it was ordered that the Mayor, as evidence of said approval and confirmation, do sign an endorsement to that effect on said contract, and cause the corporation seal to be affixed thereto, and that said contract together with the drawings and specifications, be then delivered to the clerk of the hustings court for safe keeping,” &c.

After this action was completed the Council appointed Messrs. Thomas B. Barton, John James Chew, J. Minor, Wm. Allen and Beverly R. Wellford a committee to superintend the entire work and see that it was done according to the plans and specifications. And so a question that had vexed the people of the town for more than thirty years, and had caused considerable friction between the hustings court and the Common Council, was settled and the town was to have a new courthouse.

The building was completed in 1852, when the courts and clerks were removed to spacious and comfortable quarters, and have remained there to the present day. The south wing on the lower floor has been used for fire engines until the companies were disbanded prior to the war; but, for several years in the past, they have been used for the public schools of the city, while the large room on the second floor is used for an armory. The vault, for the records and papers of all the courts of the past and present, as well as of those of the Common Council, is ample for the purpose and absolutely fire-proof. The building is one of the handsomest in the State and always attracts the attention of strangers.

“The Lodge” at Mary Washington Monument. Constructed of Virginia
Granite for Superintendent of Monument and Grounds.
(See page 160)

The “Wallace Library,” now near its completion. The building
and library a donation by the late Capt. C. Wistar Wallace.
(See page 145)

The old courthouse, that was torn down to make room for the new one, was provided with a bell for calling the people together. It was used to call public meetings, to notify the people of the assembling of the courts, and, until another bell was provided for the purpose, to sound the alarms for fires. This bell now hangs in the belfry of the present courthouse. It was presented to the town by Silas Wood in 1828 and has been on duty more than three-quarters of a century. Mr. Wood married a Fredericksburg lady, and it is reported that he was a believer in the adage that a fair exchange (rather an exchange for the fair) was not robbery; therefore, as he had taken one bell (belle) from Fredericksburg he ought to give it another in exchange. The bell has this inscription on it: “Revere, Boston. Presented to the Corporation of Fredericksburg by Silas Wood, A. D. 1828.”

MARKET-HOUSE, OR TOWN HALL.

The first market-house, or town hall, Fredericksburg had, of which we have any account, either by record or tradition, was located on the west side of Main street, just below the present “Market alley.” It was constructed mainly of brick, and had several rooms in it that were used for the courts, the Common Council, balls, sociables, public meetings and lodge rooms. The Common Council held its sessions in that building, when it organized at the “coffee-house,” which no doubt was one of the rooms in the market-house, after the rooms were properly fitted up, and continued there from 1781 until the building was taken down in 1813.

At what period the market-house was built we do not know, but it was certainly prior to 1752, as we have record evidence of its existence at that time, and also evidence that it needed repairs, which shows that it had been standing for some years. During the Revolutionary war colonial troops used a portion of the building for barracks, and it was in this house that the great peace ball was given in 1783, which was attended by General Washington and his mother. In the year 1813 this old building was taken down and the present market-house erected.

While this information was obtained from Benj. Peyton, a very old colored man, who died some twenty-five years ago, who assisted in taking down the old and erecting the new building, the truth of it is borne out by the records. He was a youth at the time, learning the trade of brick mason, and was employed on both buildings. The present market-house is a substantial, two-story brick building, with market lot in the rear, market stalls in the basement and work shops for the city water and gas works. It has two wings, which have been at different times used for school rooms and printing offices, but are now used, the south wing for the Council Chamber and the north wing for the commissioner of revenue and city tax collector. The second floor is used by the Washington Guards as a reading room. In 1824 the building was brilliantly illuminated and beautifully decorated for a grand ball and reception in honor of Gen. Lafayette, who was then visiting this country, and passed through Fredericksburg, where he remained for several days.

THE FIRE-HOUSE.

The substantial brick house for the Fire Department, just south of the courthouse, was erected in 1890. It is two stories high, with a belfry on the front part of the building. The first floor is used for the reels, the hook and ladder truck and other fire apparatus. The belfry, or tower, is so constructed that in addition to its holding the fire bell, the fire hose can be suspended in it for drying after a fire.

SCHOOL BUILDINGS.

At present we have but two school buildings, one at the corner of Main and Lewis streets, known as the Union House, and the other at the corner of Princess Ann and Wolfe streets. The historical Union House, used by the white pupils, was built in the first part of the last century by a Mr. Ross for a residence and is quite substantial, being constructed of brick and spacious, and is three stories high, with a basement. Mr. Ross was a Frenchman, and royally entertained Gen. Lafayette and his retinue when he visited Fredericksburg in 1824. Seven grades occupy this building, while three grades are provided for elsewhere. The school authorities, in the discharge of their duties, have repeatedly called attention of the City Council to the fact that this building was inadequate for the rapidly increasing school population; that it was constructed for a residence and not for school purposes, the rooms being too small for the large number of pupils that had to be crowded in them.

A year ago conditions were investigated by the School Committee of the City Council (Prof. S. W. Somerville, chairman), which resulted in a movement of said committee to provide a suitable building for the schools. Soon plans and specifications were drawn and laid before the Council which were fully considered and finally adopted, and the committee was instructed to advertise for bids, let the contract and have the building completed as soon as possible. Work is now progressing on the building, which is to be quite a commodious one, with twelve rooms, with all the modern improvements as to heating, fire protection, &c. The contract price (Mr. E. G. Heflin, contractor, and Mr. Frank P. Stearns, inspector,) is $37,700, and the building is to be completed by February 1, 1909.

The only objection that any one could offer against these changes (and no one is likely to offer it) is the demolition of the venerable landmark, so long known as the Union House and the headquarters of Gen. Lafayette when he visited the town for the last time.

The school building at the corner of Princess Ann and Wolfe streets, a two-story, brick structure, with four spacious rooms, was constructed for, and is occupied by, the colored schools. For years after its construction it was found to be large enough to accommodate all the grades of that school, but when a grammar department was added this building was found to be fully occupied and the high grade had to be provided for elsewhere.

THE WALLACE LIBRARY.

By his will Capt. C. Wistar Wallace, a valuable citizen of the town, who was born and raised in Fredericksburg, and who died May 20, 1907, left to the town, under certain conditions, $15,000 for a public library, which was to bear his name. The conditions were that the city was to adopt legal papers binding itself to establish said library, within three years of the donor’s death, as a permanent institution of the city and properly maintain the same; that the city was not to expend more than $5,000 of the legacy for the purchase of a suitable lot and the erection thereon of a suitable library building, and the balance of the legacy was to be expended for the purchase of books for the library. These books are to be purchased by a board not to exceed five members, to be chosen from time to time by the President of the University of Virginia, Washington and Lee, Richmond College and Randolph Macon College. In order to make these conditions binding upon the city, it was provided that necessary legislation should be procured by the General Assembly of Virginia as might be necessary to authorize and enable the city to comply with all of the conditions of the bequest.

The whole matter having been laid before the City Council and explained by the city attorney, Mr. St. Geo. R. Fitzhugh, and discussed, that body adopted the following:

[57]Be it resolved, that the city of Fredericksburg, Va., decides to establish and maintain a public library to be known as the “Wallace Library,” and hereby accepts the said bequest of $15,000 upon the conditions and according to the terms of said bequest, and hereby binds itself to carry out the same.

Under the provisions of the Code of Virginia the duty of appointing the board of directors of this library devolved upon Major Thomas P. Wallace, Mayor of the town, the Council concurring. The following letter, therefore, was communicated to the Council by the Mayor:

“I herewith transmit, in pursuance to the resolution of your honorable body, passed at your meeting on the 18th day of July, 1907, the following named citizens, who shall constitute the board of directors contemplated by your resolutions: St. Geo. R. Fitzhugh, S. J. Quinn, A. T. Embrey, Rev. J. W. Roseboro, D. D., James S. Knox, E. D. Cole, A. P. Rowe, B. P. Willis and James T. Lowery.”The board of directors organized by the election of Mr. St. Geo. R. Fitzhugh, president, and S. J. Quinn, clerk.

The Council and the General Assembly united in permitting the library building to be constructed on the courthouse lot, and the board of directors authorized the construction of the building to be proceeded with at once. It is a two-story house, with basement, and is now nearing completion. It is constructed under the direction of Mr. Wm. E. Bradley, chairman of the Public Property Committee, Mr. Geo W. Wroten, contractor, and Mr. A. M. Garner, inspector.

THE NORMAL SCHOOL BUILDING.

In addition to these public buildings the General Assembly has appropriated $25,000 and will supplement that with $25,000 additional to construct in or near the town a female normal school. The board of directors of this institution are now endeavoring to select a site for this school, and will likely succeed in the near future. The buildings will be commenced next Spring and pushed to completion.

The United States Government has also appropriated money for the erection of a very commodious brick building on the corner of Princess Ann and Hanover streets. This site has already been purchased by the government and will soon be in condition for the brick masons and carpenters. The work, however, has been delayed for an additional appropriation, in order to enable them to construct such a building as was contemplated by the architect of the postoffice department. When the building is completed it is to be occupied by the postoffice.

Having inspected the public buildings of the town, and discussed those now in course of erection and those which soon will be, we will now visit the private historical buildings and take a view of the monument erected by the ladies of the country to Mary, the mother of the illustrious Washington, and the handsome statue of Gen. Hugh Mercer, recently erected by the United States Government, who stands upon his pedestal, sword in hand, ready to strike for Liberty and Independence, for Truth and Victory. They both stand on Washington avenue.