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.

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

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.

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.

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.

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.