Make any of the foregoing documents the basis of a report.

2. Give an account of the following:--

a. The various kinds of taxes raised in your town, the amount of each
kind, the valuation, the rate, the proposed use of the money, etc.
b. The work of any department of the town government for a year, as, for
example, that of the overseers of the poor.
c. Any pressing need of your town, public sentiment towards it, the
probable cost of satisfying it, the obstacles in the way of meeting
it, etc.

3. A good way to arouse interest in the subject of town government is to
organize the class as a town-meeting, and let it discuss live local
questions in accordance with articles in a warrant. For helpful details
attend a town-meeting, read the record of some meeting, consult some
person familiar with town proceedings, or study the General Statutes.

To insure a discussion, it may be necessary at the outset for the
teacher to assign to the several pupils single points to be expanded and
presented in order.

There is an advantage in the teacher's serving as moderator. He may, as
teacher, pause to give such directions and explanations as may be
helpful to young citizens.

The pupils should be held up to the more obvious requirements of
parliamentary law, and shown how to use its rules to accomplish various
purposes.

4. Has the state a right to direct the education of its youth? If the
state has such a right, are there any limits to the exercise of it? Does
the right to direct the education of its youth carry with it the right
to abolish private schools?

5. Is it wise to assist private educational institutions with public
funds?

6. Ought teachers, if approved, to be appointed for one year only, or
during good behaviour?

7. What classes of officers in a town should serve during good
behaviour? What classes may be frequently changed without injury to the
public?

8. Compare the school committee in your own state (if it is not
Massachusetts) with that in Massachusetts.

9. Illustrate from personal knowledge the difference between
real estate and personal property.

10. A loans B $1000. May A be taxed for the $1000? Why? May B be taxed
for the $1000? Why? Is it right to tax both for $1000? Suppose B with
the money buys goods of C. Is it right to tax the three for $1000 each?

11. A taxpayer worth $100,000 in personal property makes no return to
the assessors. In their ignorance the assessors tax him for $50,000
only, and the tax is paid without question. Does the taxpayer act
honourably?

12. What difficulties beset the work of the assessors?

13. Would anything be gained by exempting personal property from
taxation? If so, what? Would anything be lost? If so, what?

14. Does any one absolutely escape taxation?

15. Does the poll-tax payer pay, in any sense, more than his poll-tax?

16. Are there any taxes that people pay without seeming to know it? If
so, what? (See below, chap. viii. section 8.).

17. Have we clans to-day among ourselves? (Think of family reunions,
people of the same name in a community, descendants of early settlers,
etc.). What important differences exist between these modern so-called
clans and the ancient ones?

18. What is a "clannish" spirit? Is it a good spirit or a bad
one? Is it ever the same as patriotism?

19. Look up the meaning of _ham_, _wick_, and _stead_. Think of towns
whose names contain these words; also of towns whose names contain the
word _tun_ or _ton_ or _town_.

20. Give an account of the tithing-man in early New England.

21. In what sense is the word "parish" commonly used in the United
States? Is the parish the same as the church? Has it any limits of
territory?

22. In Massachusetts, clergymen were formerly paid out of the taxes of
the township. How did this come about? In this practice was there a
union or a separation of church and state?

23. Ministers are not now supported by taxation in the United States.
What important change in the parish idea does this fact indicate? Is it
a change for the better?

24. Are women who do not vote represented in town government?

25. Are boys and girls represented in town government?

26. Is there anybody in a town who is not represented in its government?

27. How are citizens of a town represented in state government?

28. How are citizens of a town represented in the national government?

29. Imagine a situation in which the ballot of a single voter in
a town might affect the action of the national government.


BIBLIOGRAPHICAL NOTE.


Section 1. THE NEW ENGLAND TOWNSHIP. There is a good account in
Martin's _Text Book on Civil Government in the United States_. N.
T. & Chicago, 1875.

Section 2. ORIGIN OF THE TOWNSHIP. Here the _Johns Hopkins University
Studies in Historical and Political Science_, edited by Dr. Herbert
Adams, are of great value. Note especially series I, no. i,  E. A.
Freeman, _Introduction to American Institutional History_; I., ii. iv.
viii. ix.-x. H. B. Adams, _The Germanic Origin of New England Towns,
Saxon Tithing-Men in America, Norman Constables in America, Village
Communities of Cape Ann and Salem_; II., x. Edward Channing, _Town and
County Government in the English Colonies of North America_; IV.,
xi.-xii. Melville Egleston, _The Land System of the New England
Colonies_; VII., vii.-ix. C. M. Andrews, _The River Towns of
Connecticut_.

See also Howard's _Local Constitutional History of the United
States_, vol. i. "Township, Hundred, and Shire," Baltimore, 1889, a
work of extraordinary merit.

The great book on local self-government in England is Toulmin Smith's
_The Parish_, 2d ed., London, 1859. For the ancient history of the
township, see Gomme's _Primitive Folk-Moots_, London, 1880; Gomme's
_Village Community_, London, 1890; Seebohm's _English Village
Community_, London, 1883; Nasse's _Agricultural Community of the Middle
Ages_, London, 1872; Laveleye's _Primitive Property_, London, 1878;
Phear's _Aryan Village in India and Ceylon_, London, 1880; Hearn (of the
University of Melbourne, Australia), _The Aryan Household_, London &
Melbourne, 1879; and the following works of Sir Henry Maine: _Ancient
Law_, London, 1861; _Village Communities in the East and West_, London,
1871; _Early History of Institutions_, London, 1875; _Early Law and
Custom_, London, 1883. All of Maine's works are republished in New York.
See also my _American Political Ideas_, N. Y., 1885.

Gomme's _Literature of Local Institutions_, London, 1886,
contains an extensive bibliography of the subject, with valuable
critical notes and comments.




CHAPTER III.

THE COUNTY.


Section 1. _The County in its Beginnings._

It is now time for us to treat of the county, and we may as well begin
by considering its origin. In treating of the township we began by
sketching it in its fullest development, as seen in New England. With.
the county we shall find it helpful to pursue a different method and
start at the beginning.

If we look at the maps of the states which make up our Union, we see
that they are all divided into counties (except that in Louisiana the
corresponding divisions are named parishes). The map of England shows
that country as similarly divided into counties.

[Sidenote: Why do we have counties?]
If we ask why this is so, some people will tell us that it is
convenient, for purposes of administration, to have a state, or a
kingdom, divided into areas that are larger than single towns. There
is much truth in this. It is convenient. If it were not so, counties
would not have survived, so as to make a part of our modern maps.
Nevertheless, this is not the historic reason why we have the
particular kind of subdivisions known as counties. We have them
because our fathers and grandfathers had them; and thus, if we would
find out the true reason, we may as well go back to the ancient times
when our forefathers were establishing themselves in England.

[Sidenote: Clans and tribes.]
We have seen how the clan of our barbarous ancestors, when it became
stationary, was established as the town or township. But in those early
times _clans_ were generally united more or less closely into _tribes_.
Among all primitive or barbarous races of men, so far as we can make
out, society is organized in tribes, and each tribe is made up of a
number of clans or family groups. Now when our English forefathers
conquered Britain they settled there as clans and also as tribes. The
clans became townships, and the tribes became shires or counties; that
is to say, the names were applied first to the people and afterwards to
the land they occupied. A few of the oldest county names in England
still show this plainly. _Essex_, _Middlesex_, and _Sussex_ were
originally "East Saxons," "Middle Saxons," and "South Saxons;" and on
the eastern coast two tribes of Angles were distinguished as "North
folk" and "South folk," or _Norfolk_ and _Suffolk_. When you look on the
map and see the town of _Icklinghiam_ in the county of _Suffolk_, it
means that this place was once known as the "home" of the "Icklings" or
"children of Ickel," a clan which formed part of the tribe of "South
folk."

[Sidenote: The English nation, like the American, grew out of the
union of small states.]
In those days there was no such thing as a Kingdom of England; there
were only these groups of tribes living side by side. Each tribe had its
leader, whose title was _ealdorman_ or "elder man." [1] After a while, as
some tribes increased in size and power, their ealdormen took the title
of kings. The little kingdoms coincided sometimes with a single shire,
sometimes with two or more shires. Thus there was a kingdom of Kent, and
the North and South Folk were combined in a kingdom of East Anglia. In
course of time numbers of shires combined into larger kingdoms, such as
Northumbria, Mercia, and the West Saxons; and finally the king of the
West Saxons became king of all England, and the several _shires_ became
subordinate parts or "shares" of the kingdom. In England, therefore, the
shires are older than the nation. The shires were not made by dividing
the nation, but the nation was made by uniting the shires. The English
nation, like the American, grew out of the union of little states that
had once been independent of one another, but had many interests in
common. For not less than three hundred years after all England had been
united under one king, these shires retained their self-government
almost as completely as the several states of the American Union.[2] A
few words about their government will not be wasted, for they will help
to throw light upon some things that still form a part of our political
and social life.

[Footnote 1: The pronunciation, was probably something like yawl-dor-man.]


[Footnote 2: Chalmers, _Local Government_, p. 90.]

[Sidenote: Shire-mote, ealdorman, and sheriff.]
The shire was governed by the _shire-mote_ (i.e. "meeting"),
which was a representative body. Lords of lands, including abbots and
priors, attended it, as well as the reeve and four selected men
from each township. There were thus the germs of both the kind of
representation that is seen in the House of Lords and the much more
perfect kind that is seen in the House of Commons. After a while,
as cities and boroughs grew in importance, they sent representative
burghers to the shire-mote. There were two presiding officers; one was
the _ealdorman_, who was now appointed by the king; the other was
the _shire-reeve_ (i.e. "sheriff"), who was still elected by the
people and generally held office for life.



[Sidenote: The county court.]
This shire-mote was both a legislative body and a court of justice. It
not only made laws for the shire, but it tried civil and criminal
causes. After the Norman Conquest some changes occurred. The shire now
began to be called by the French name "county," because of its analogy
to the small pieces of territory on the Continent that were governed by
"counts." [3] The shire-mote became known as the county court, but cases
coming before it were tried by the king's _justices in eyre_, or circuit
judges, who went about from county to county to preside over the
judicial work. The office of ealdorman became extinct. The sheriff was
no longer elected by the people for life, but appointed by the king for
the term of one year. This kept him strictly responsible to the king. It
was the sheriff's duty to see that the county's share of the national
taxes was duly collected and paid over to the national treasury. The
sheriff also summoned juries and enforced the judgments of the courts,
and if he met with resistance in so doing he was authorized to call out
a force of men, known as the _posse comitatus_ (i.e. power of the
county), and overcome all opposition. Another county officer was the
_coroner_, or crowner_,[4] so called because originally (in Alfred's
time) he was appointed by the king, and was especially the crown officer
in the county. Since the time of Edward I., however, coroners have been
elected by the people. Originally coroners held small courts of inquiry
upon cases of wreckage, destructive fires, or sudden death, but in
course of time their jurisdiction became confined to the last-named
class of cases. If a death occurred under circumstances in any way
mysterious or likely to awaken suspicion, it was the business of the
coroner, assisted by not less than twelve _jurors_ (i. e, "sworn men"),
to hold an _inquest_ for the purpose of ascertaining the cause of death.
The coroner could compel the attendance of witnesses and order a medical
examination of the body, and if there were sufficient evidence to charge
any person with murder or manslaughter, the coroner could have such
person arrested and committed for trial.

[Footnote 3: Originally _comites_, or "companions" of the king.]
[Footnote 4: This form of the word, sometimes supposed to be a vulgarism,
is as correct as the other. See Skeat, _Etym_. Dict., s.v.]


[Sidenote: Justices of the peace.]
[Sidenote: The Quarter sessions.]
[Sidenote: The lord-lieutenant.]
Another important county officer was the _justice of the peace_.
Originally six were appointed by the crown in each county, but in
later times any number might be appointed. The office was created by a
series of statutes in the reign of Edward III., in order to put a stop
to the brigandage which still flourished in England; it was a common
practice for robbers to seize persons and hold them for ransom.[5] By
the last of these statutes, in 1362, the justices of the peace in each
county were to hold a court four times in the year. The powers of this
court, which came to be known as the Quarter Sessions, were from time
to time increased by act of parliament, until it quite supplanted the
old county court. In modern times the Quarter Sessions has become
an administrative body quite as much as a court. The justices, who
receive no salary, hold office for life, or during good behaviour.
They appoint the chief constable of the county, who appoints the
police. They also take part in the supervision of highways and
bridges, asylums and prisons. Since the reign of Henry VIII., the
English county has had an officer known as the lord-lieutenant, who
was once leader of the county militia, but whose functions to-day are
those of keeper of the records and principal justice of the peace.

[Footnote 5: Longman's _Life and Times of Edward III._, vol. i.
p. 301.]

[Sidenote: Beginnings of Massachusetts counties.]
During the past five hundred years the English county has gradually
sunk from a self-governing community into an administrative district;
and in recent times its boundaries have been so crossed and
crisscrossed with those of other administrative areas, such as those
of school-boards, sanitary boards, etc., that very little of the old
county is left in recognizable shape. Most of this change has been
effected since the Tudor period. The first English settlers in America
were familiar with the county as a district for the administration of
justice, and they brought with them coroners, sheriffs, and quarter
sessions. In 1635 the General Court of Massachusetts appointed four
towns--Boston, Cambridge, Salem, and Ipswich--as places where courts
should be held quarterly. In 1643 the colony, which then included
as much of New Hampshire as was settled, was divided into four
"shires,"--Suffolk, Essex, Middlesex, and Norfolk, the latter lying
then to the northward and including the New Hampshire towns. The
militia was then organized, perhaps without consciousness of the
analogy, after a very old English fashion; the militia of each town
formed a company, and the companies of the shire formed a regiment.
The county was organized from the beginning as a judicial district,
with its court-house, jail, and sheriff. After 1697 the court, held by
the justices of the peace, was called the Court of General Sessions.
It could try criminal causes not involving the penalty of death or
banishment, and civil causes in which the value at stake was less than
forty shillings. It also had control over highways going from town to
town; and it apportioned the county taxes among the several towns.

The justices and sheriff were appointed by the governor, as in England
by the king.

QUESTIONS ON THE TEXT.

1. Why do we have counties in the United States? Contrast the popular
reason with the historic.

2. What relation did the tribe hold to the clan among our ancestors?

3. In time what did the clans and the tribes severally become?

4. Show how old county names in England throw light on the
county development.

5. Trace the growth of the English nation in accordance with
the following outline:--
a. Each tribe and its leader,
b. A powerful tribe and its leader.
c. The relation of a little kingdom to the shire.
d. The final union under one king.
e. The relative ages of the shire and the nation.

6. Give an account (1) of the shire-mote, (2) of the two kinds
of representation in it, (3) of its presiding officers, and
(4) of its two kinds of duties.

7. Let the pupil make written analyses or outlines of the following
topics, to be used by him in presenting the topics
orally, or to be passed in to the teacher:--
a. What changes took place in the government of the shire
after the Norman Conquest?
b. Trace the development of the coroner's office.
c. Give an account of the justices of the peace and the courts
held by them.
d. Show what applications the English settlers in Massachusetts made of
their knowledge of the English county.




Section 2. The Modern County in Massachusetts.

The modern county system of Massachusetts may now be very briefly
described. The county, like the town, is a corporation; it can hold
property and sue or be sued. It builds the court-house and jail, and
keeps them in repair. The town in which these buildings are placed is
called, as in England, the shire town.

[Sidenote: County commissioners.]
In each county there are three commissioners, elected by the people.
Their term of service is three years, and one goes out each year.
These commissioners represent the county in law-suits, as the
selectmen represent the town. They "apportion the county taxes among
the towns;" "lay out, alter, and discontinue highways within the
county;" "have charge of houses of correction;" and erect and keep in
repair the county buildings.[6]

[Footnote 6: Martin's _Civil Government_, p. 197.]

[Sidenote: County treasurer.]
The revenues of the county are derived partly from taxation and partly
from the payment of fines and costs in the courts. These revenues are
received and disbursed by the county treasurer, who is elected by the
people for a term of three years.

[Sidenote: Courts.]
The Superior Court of the state holds at least two sessions annually
in each county, and tries civil and criminal causes. There is also
in each county a probate court with jurisdiction over all matters
relating to wills, administration of estates, and appointment of
guardians; it also acts as a court of insolvency. The custody of wills
and documents relating to the business of this court is in the hands
of an officer known as the register of probate, who is elected by the
people for a term of five years.

[Sidenote: Shire town and court-house.]
To preserve the records of all land-titles and transfers of land
within the county, all deeds and mortgages are registered in an
office in the shire town, usually within or attached to the court The
register of deeds is an officer elected by the people for a term of
three years. In counties where there is much business there may be
more than one.

[Sidenote: Justices of the peace.]
Justices of the peace are appointed by the governor for a term of seven
years, and the appointment may be renewed. Their functions have been
greatly curtailed, and now amount to little more than administering
oaths, and in some cases issuing warrants and taking bail. They may join
persons in marriage, and, when specially commissioned as "trial
justices," have criminal jurisdiction over sundry petty offences.


[Sidenote: The Sheriff.]
The sheriff is elected by the people for a term of three years. He may
appoint deputies, for whom he is responsible, to assist him in his
work. He must attend all county courts, and the meetings of the county
commissioners whenever required. He must inflict, either personally
or by deputy, the sentence of the court, whether it be fine,
imprisonment, or death. He is responsible for the preservation of the
peace within the county, and to this end must pursue criminals and may
arrest disorderly persons. If he meets with resistance he may call out
the _posse comitatus_; if the resistance grows into insurrection
he may apply to the governor and obtain the aid of the state militia;
if the insurrection proves too formidable to be thus dealt with, the
governor may in his behalf apply to the president of the United States
for aid from the regular army. In this way the force that may be
drawn upon, if necessary, for the suppression of disorder in a single
locality, is practically unlimited and irresistible.

We have now obtained a clear outline view of the township and county in
themselves and in their relation to one another, with an occasional
glimpse of their relation to the state; in so far, at least, as such a
view can be gained from a reference to the history of England and of
Massachusetts. We must next trace the development of local government in
other parts of the United States; and in doing so we can advance at
somewhat quicker pace, not because our subject becomes in any wise less
important or less interesting, but because we have already marked out
the ground and said things of general application which will not need to
be said over again.


QUESTIONS ON THE TEXT.

Give an account of the modern county in Massachusetts under
the following heads:--

1. The county a corporation.
2. The county commissioners and their duties.
3. The county treasurer and his duties.
4. The courts held in a county.
5. The shire town and the court-house.
6. The register of deeds and his duties.
7. Justices of the peace and trial justices.
8. The sheriff and his duties.
9. The force at the sheriff's disposal to suppress disorder.




Section 3. _The Old Virginia County._

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.

[Sidenote: Virginia sparsely settled.]
The first point to be noticed in the early settlement of Virginia is
that people did not live so near together as in New England. This was
because tobacco, cultivated on large estates, was a source of wealth.
Tobacco drew settlers to Virginia as in later days gold drew settlers
to California and sparsely Australia. They came not in organized
groups or congregations, but as a multitude of individuals. Land
was granted to individuals, and sometimes these grants were of
enormous extent. John Bolling, who died in 1757, left an estate of
40,000 acres, and this is not mentioned as an extraordinary amount of
land for one man to own.[7] From an early period it was customary
to keep these great estates together by entailing them, and this
continued until entails were abolished in 1776 through the influence
of Thomas Jefferson.

[Footnote 7: Edward Channing, "Town and County Government," in
_Johns Hopkins University Studies_, vol. ii. p. 467.]

[Sidenote: Absence of towns.]
A glance at the map of Virginia shows to what a remarkable degree it
is intersected by navigable rivers. This fact made it possible for
plantations, even at a long distance from the coast, to have each its
own private wharf, where a ship from England could unload its cargo of
tools, cloth, or furniture, and receive a cargo of tobacco in return.
As the planters were thus supplied with most of the necessaries of
life, there was no occasion for the kind of trade that builds up
towns. Even in comparatively recent times the development of town life
in Virginia has been very slow. In 1880, out of 246 cities and towns
in the United States with a population exceeding 10,000, there were
only six in Virginia.

[Sidenote: Slavery]
The cultivation of tobacco upon large estates caused a great demand for
cheap labour, and this was supplied partly by bringing negro slaves from
Africa, partly by bringing criminals from English jails. The latter were
sold into slavery for a limited term of years, and were known as
"indentured white servants." So great was the demand for labour that it
became customary to kidnap poor friendless wretches on the streets of
seaport towns in England and ship them off to Virginia to be sold into
servitude. At first these white servants were more numerous than the
negroes, but before the end of the seventeenth century the blacks had
come to be much the more numerous.

[Sidenote: Social position of settlers.]
In this rural community the owners of plantations came from the same
classes of society as the settlers of New England; they were for the
most part country squires and yeomen. But while in New England there
was no lower class or society sharply marked off from the upper, on
the other hand in Virginia there was an insurmountable distinction
between the owners of plantations and the so-called "mean whites" or
"white trash." This class was originally formed of men and women
who had been indentured white servants, and was increased by such
shiftless people as now and then found their way to the colony, but
could not win estates or obtain social recognition. With such a
sharp division between classes, an aristocratic type of society was
developed in Virginia as naturally as a democratic type was developed
in New England.

[Sidenote: Virginia parishes.]
[Sidenote: The vestry of a close corporation.]
In Virginia there were no town-meetings. The distances between
plantations cooperated with the distinction between classes to prevent
the growth of such an institution. The English parish, with its
churchwardens and vestry and clerk, was reproduced in Virginia under
the same name, but with some noteworthy peculiarities. If the whole
body of ratepayers had assembled in vestry meeting, to enact by-laws
and assess taxes, the course of development would have been like that
of the New England town-meeting. But instead of this the vestry, which
exercised the chief authority in the parish, was composed of twelve
chosen men. This was not government by a primary assembly, it was
representative government. At first the twelve vestrymen were elected
by the people of the parish, and thus resembled the selectmen of
New England; but after a while "they obtained the power of filling
vacancies in their own number," so that they became what is called a
"close corporation," and the people had nothing to do with choosing
them. Strictly speaking, that was not representative government; it
was a step on the road that leads towards oligarchical or despotic
government.

[Sidenote: Powers of the vestry.]
It was the vestry, thus constituted, that apportioned the parish
taxes, appointed the churchwardens, presented the minister for
induction into office, and acted as overseers of the poor. The
minister presided in all vestry meetings. His salary was paid in
tobacco, and in 1696 it was fixed by law at 16,000 pounds of tobacco
yearly. In many parishes the churchwardens were the collectors of the
parish taxes. The other officers, such as the sexton and the parish
clerk, were appointed either by the minister or by the vestry.

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." [8]

[Footnote 8: See Howard, _Local Constitutional History of the United
States_, vol. i. p. 122.]

[Sidenote: The county was the unit of representation.]
The difference, however, between the New England township and the
Virginia parish, in respect of self-government, was striking enough.
We have now to note a further difference. In New England, as we have
seen, the township was the unit of representation in the colonial
legislature; but in Virginia the parish was not the unit of
representation. The county was that unit. In the colonial legislature
of Virginia the representatives sat not for parishes, but for
counties. The difference is very significant. As the political life of
New England was in a manner built up out of the political life of
the towns, so the political life of Virginia was built up out of the
political life of the counties. This was partly because the vast
plantations were not grouped about a compact village nucleus like the
small farms at the North, and partly because there was not in Virginia
that Puritan theory of the church according to which each congregation
is a self-governing democracy. The conditions which made the New
England town-meeting were absent. The only alternative was some kind
of representative government, and for this the county was a small
enough area. The county in Virginia was much smaller than in
Massachusetts or Connecticut. In a few instances the county consisted
of only a single parish; in some cases it was divided into two
parishes, but oftener into three or more.

[Sidenote: The county court was virtually a close corporation.]
In Virginia, as in England and in New England, the county was an area
for the administration of justice. There were usually in each county
eight justices of the peace, and their court was the counterpart of
the Quarter Sessions in England. They were appointed by the governor,
but it was customary for them to nominate candidates for the governor
to appoint, so that practically the court filled its own vacancies and
was a close corporation, like the parish vestry. Such an arrangement
tended to keep the general supervision and control of things in the
hands of a few families.

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.[9] 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.[10]

[Footnote 9: In Mitchell's Atlas, 1883, the number of cases is in Va.
38, W. Va. 13, S. C. 16, N. C. 2, Ala. 1, Ky. 1, Ohio, 1.]

[Footnote 10: A few of the oldest Virginia counties, organized as
such in 1634, had arisen from the spreading and thinning of single
settlements originally intended to be cities and named accordingly.
Hence the curious names (at first sight unintelligible) of "James City
County," and "Charles City County."]

[Sidenote: Powers of the court]
The county court in Virginia had jurisdiction in criminal actions not
involving peril of life or limb, and in civil suits where the sum at
stake exceeded twenty-five shillings. Smaller suits could be tried
by a single justice. The court also had charge of the probate and
administration of wills. The court appointed its own clerk, who kept
the county records. It superintended the construction and repair of
bridges and highways, and for this purpose divided the county into
"precincts," and appointed annually for each precinct a highway
surveyor. The court also seems to have appointed constables, one for
each precinct. The justices could themselves act as coroners, but
annually two or more coroners for each parish were appointed by the
governor. As we have seen that the parish taxes--so much for salaries
of minister and clerk, so much for care of church buildings, so much
for relief of the poor, etc.--were computed and assessed by the
vestry; so the county taxes, for care of court-house and jail, roads
and bridges, coroner's fees, and allowances to the representatives
sent to the colonial legislature, were computed and assessed by the
county court. The general taxes for the colony were estimated by a
committee of the legislature, as well as the county's share of the
colony tax.

[Sidenote: The sheriff.]
The taxes for the county, and sometimes the taxes for the parish also,
were collected by the sheriff. They were usually paid, not in money,
but in tobacco; and the sheriff was the custodian of this tobacco,
responsible for its proper disposal. The sheriff was thus not only
the officer for executing the judgments of the court, but he was also
county treasurer and collector, and thus exercised powers almost as
great as those of the sheriff in England in the twelfth century. He
also presided over elections for representatives to the legislature.
It is interesting to observe how this very important officer was
chosen. "Each year the court presented the names of three of its
members to the governor, who appointed one, generally the senior