Washington sentinel., 1855-02-16

law once enacted here, hath once received yourma-
Jestys appreciation, and both been confirmed, lnal-
ly enacted and ratified, the same cannot by the
Legislature here be revised, altered or amended,
without clause therein TO suspend the execution
hereof till your maJesiy's pleasure shall be known
therein, although our necessities for an immcdi-
ate revisal, alteration, or amendment, be ever so
pressing, and accordingly they complain Of the
kings signing some of their own laws because
they were thus placed beyond their reach, without
the tedious process which they describe From
which il is 10 be inferred that their domestic leg
slatlon was for the most part framed by them.
selves, with but little interference from abroad.
Such interference rarely took place except in mat
ters relating TO foreign commerce and imperial in
terests, or the more selfish and personal schemes
OF the king, or his favortes, for purposes OF ind-
dual punder.
The judiciary, too was eminently popular; JUS
tices OF the county courts practically filled their
by the governor and council, upon recommended
tions given by themselves. Appeals lay not only
10 the general court, but, as Sir William Berkely
declares. TO the general assembly itself; this, with
the trial by jury, which was virtually given by the
ordinance Of the company in 1921, and secured
by legislative enactment in l642 N constituted a
system which was satisfactory TO the people at
that time. But these county courts, which formed
so important an element in the government Of
Virginia, and SO powerful an agent in moulding
the character of her people, and in promoting her
prosperity, were not confined 10 Judicial functions
alone; they had many of the powers of local
government, laying taxes, making roads, and
sometimes even waging Indian wars, by the as
sent OF the State first given, under their own
management and with their own money. In
1645,f the counties Of Isle Of Wight and Upper
and Lower Norfolk, were directed TO make wur
upon the "Nansmon Indians" In the same
year, certain other counties were associated TO
carry on war against the Indians,t under county
lieutenants. In 1644, il was enacted, that those
manned and hurt should be relieved by the coun-
ties in which they resided. AT first, the burgesses
themselves were organized TO be paid by the
counties which they represented. In 1862, il was
enacted that whereas oftentimes small inconve-
niences happen in the respective counties and
parishes, which cannot well be concluded in a
general law; the respective counties, and several
parishes in these counties, shall have liberty 10
make laws for themselves, and those that are 30
constituted by the major part of the said counties,
or parishes, to be binding upon them as fully as
any othersS
In 1879, this system was further regulatedI by
associating delegates from the parishes with the
justices. The first road over Rock-fsh Gap was
made by the county court Of Augusta, under the
authority of a law of the assembly Nay, so far
did the early Colonial Assemblies 60 in this
division of power and duties. that in 1915 they
entered into contract with Captain Henry
Fleet for ending the war with Opechancanough,
for consideration 10 be given him, and direct
ed the counties north of James river 10 raise
certain troops TO be placed at the disposal of
Lieutenant Fra. Poythers, and himselfH The
General Assembly thus acting, through and
upon sort of confederation of local govern
ments, and stimulating, as | shall presently
show, individual energy to the highest possible
activity, accomplished results which were won
derful for its means. BY dividing the powers and
duties of government amongst these local tribu.
nails, and by apportioning TO each in this way the
expenses aad burthens OF public operations, in
proportion TO the share of benefit received by its
constituents, they obtained the largest command
OF the resources and revenues Of their people,
which, perhaps, any government ever enjoyed.
But this is not all, for they thus trained up the
whole body OF the people TO the early considera-
ton and management Of public affairs and Sc
cured class-the magistrates of the county
who were always ready and willing 10 maintain
order and justice at home, and TO organize for de-
fence in war. A class which constituted for the
State its ornament in peace, and its defence i'm
time OF war. more honorable and useful place
in human society could not well be devised, than
that which was held by the old Virginia magis.
trate. Commanding the entire respect of the peo-
pie oil whom he was one, and bound TO them by
the ties Of a common interest and mutual associa-
ton, he could not fail TO enjoy their confidence.
WELDING as one OF the court the power Of the
State. and interpreting its laws by judicial deci-
sion within the limits Of his county or else sitting,
like the Druid, under his oak to administer justice
between man and man, in cases upon which he
might act alone, he learned 10 understand the re-
lations Of law 10 public and private right
In such keeping, the rights Of himself and his
neghbors were safe, and thus were trained up
class OF men TO whom the great body of the peo-
pie might refer for counsel and assistance in
times OF difficulty and emergency. Thus too
each county was provided with local govern
ment, which provided the greatest possible secu-
rity 10 persons and property 10 the extent Of its
jurisdiction. Under the existing circumstances
OF the colony, more admirable institution for po-
lltlca and judicial purposes could not have been
devised. But this was not the only local subdi-
vision OF importance 10 the economy of the pro-
vince; the counties were subdivided into par.
ishes, in each of which was vestry who took
charge of the temporal interests of the established
church. But this vestry, originally selected by
the people of the parish, filled vacancies in their
own body and chose their own minister's who
held their lvngs at their pleasure, so that the
same spirit for popular government, which was
visible elsewhere in the institutions of Virginia
manifested itself here asoa A government thus
constituted over people sparsey scattered in
different settlements, or plantations, was forced
10 rely upon individual energy and action, 10 an
extent perhaps never known before in the affairs
Of regularly organized society. The first thing
was 10 settle upon land system, which was
finally moulded by the Assembly TO suit for the
most part the wants Of the colony, although vari.
Jus oosthcits were lnterpOseu Dy Tie selfish and
unwse interposiion ofthe crown.
by the original charter, "right" 10 fifty acres
Of land 10 person tor removing to, and settling
in, Virginia, and as much for his wife and each Of
his children, was given and securcdb What con.
siituted Seating or settling, within the meaning
OF that and subsequent laws, was the subject Of
Legislative interpretation, as. appears by many
statutes TO be found in Hening. So highly did the
colonist value this mode Of inviting immigration
and settlement, that in the capitulation. of the
colony TO the Commissioners of Parliament in
1861, this settlement right was specially re.
served.e and in 1876, ,the agents sent out by Vir-
ginia, prayed "that the usual allowance Of ffly
acres Of land for each person imported, which ex.
pcriencc had proved TO be so beneficial, may be
continueJd Indeed, this grant OF land upon the
condition Of settlement sometimes with, and some
times without, n small price, became a favorite in.
sirument in the hands Of the General Assembly
for extending the population into the wilderness,
and for defending the new plantations. Forts
were built nj the heads Of the rivers upon grants
Of land TO the individuals building and settling
around them, and armed occupation acts were
early known 10 the Virginia land policy. When
n new settlement was 10 be made, IL was invited
by an act Of the legislature, which generally ex
cmpicd the settlers from public burthcns and
nxes for n limited Time. who by nm old anJ st,,i