USA > Virginia > Augusta County > Augusta County > Annals of Augusta County, Virginia, with reminiscences illustrative of the vicissitudes of its pioneer settlers (A Supplement) > Part 34
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The Constitutional Convention, in session at the same time,
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was in striking contrast to the body just mentioned. It met on Tuesday, December 3, 1867, in the Hall of the House of Dele- gates, at Richmond. The ruling spirit of the body was John C. Underwood, the President of the Convention, and also Judge of the United States District Court. It is therefore known in his- tory as the " Underwood Convention." From a Richmond let- ter, dated January 16, 1868, published in the Staunton Spectator, we take the following account of the convention :
Of the members in attendance (104), twenty-five are colored men, varying in complexion from the bright mulatto to the blackest African. Among those classed as colored men, is one who is said to be an Indian of almost pure blood. This is "Mr. Morgan," of Petersburg, whose person is quite imposing, and whose deportment so far has been emi- nently respectable. Indeed, I must, in justice, say that most of this class conduct themselves in a manner which shows they were well brought up-that is, they are polite and unobtrusive. Of course they are uneducated and ignorant, and the idea of their undertaking to frame a State Constitution would be too ridiculous to be credited, if the spectacle were not presented to us daily in the capitol of Virginia. But some five or six of the negroes aspire to statesmanship and oratory, and discuss the most difficult questions with all the self-complacency that Daniel Webster could exhibit. White men unaccustomed to speak in public usually betray some embarrassment in addressing an audience -not so these negroes. The most practiced speakers are not more composed and self-satisfied than they. The official reporter is giving an utterly false version of the debates, as far, at least, as the negro ora- tors are concerned. A speech delivered by one of them several weeks ago was entirely without meaning, a mere string of words having no connection or sense, but the stenographer has put forth in its place quite an elegant effusion.
The white Radicals are a motley crew. Some of them have appa- rently little more intelligence than the negroes, and have doubtless come from the lowest ranks of the people. The leaders, with three or four exceptions, are Northern men who came to this State with the Federal army in the capacity of petty officers, chaplains, commissaries, clerks, sutlers, &c. Others were probably employees of the Freedmen's Bu- reau, and when that institution dispensed with their services were left here stranded like frogs in a dried-up mill-pond. Having no other re- source they plunged into politics. They are now jubilant in the receipt of eight dollars a day from the treasury of the State, and happy in an- ticipation of the fat offices they are to get by means of the same voters who sent them to the Convention. In regard to the latter particular, however, they may be disappointed. The negroes have their eyes on the same places for themselves, and will probably claim them. "Dr.
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Bayne " would not hesitate to take a seat on the bench of the Court of Appeals.
The Conservative members of the Convention number about thirty- four. They are generally men of intelligence, but only a few of them have any experience or skill in legislative business. The opinion is often expressed here that there is too much speaking on their side of the house. The impulsiveness and imprudence of some of these gen- tlemen, it is thought, injure the cause they seek to maintain.
The president of the Convention is, apparently, a gentleman of great amiability. When I observed the other day the suavity of his deport ment in the chair, and thought of the shocking harangues he was lately wont to deliver to his grand juries, I was reminded of Byron's descrip- tion of one of his heroes-"as mild-mannered man as ever scuttled ship," &c.
A Conservative looker-on is filled with indignation, disgust, and amusement all at one moment. I have seen several gentlemen from the North who have visited the Convention, and they seemed aghast at the spectacle.
The Radical members of the Convention were of course elected by the votes of negroes, the whites yielding to apathy in many counties where it might have been otherwise. Some of the Northern leaders were men of good talent, but all were, more or less, possessed by a spirit of vindictive hostility to everything distinctively Virginian, and sought to frame all the institutions of the State according to the New England pattern.
A pen-and-ink sketch of the Convention on the 29th of Jann ary, drawn from life on the spot, by the writer of the letter just quoted, may be tolerated here.
Since the date of my last letter, the farce of " High Life Below Stairs" has been performed daily in the capitol before an admiring crowd of idle blacks who fill the galleries of the hall. At twelve o'clock pre- cisely, the president, having already since sunrise undergone the labors of Hercules in his court-room, takes the chair, and in the blandest tones calls the Convention to order. The burly and apparently good-natured secretary is safely ensconced behind his desk. The chaplain, who is exceedingly meek and sleek in appearance, goes through his part of the performance, occasionally remembering in his petitions the " ex-Con- federates." The assistant secretary next proceeds to read the journal of the previous day, getting over printed matter quite readily, but stumbling sadly over manuscript. All this being done, a hundred reso- lutions, more or less, are forthwith precipitated upon the chair. A score of members, white and black, shout " Mr. President ! " all at once, and at the top of their voices. A dozen more, led on by the white mem-
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ber from Norfolk, " rise to pints of order." The sergeant-at-arms raps vigorously with his mallet, and calls, "Order, gentlemen ! " "order, gentlemen !! " looking very fierce, and making more disorder than everybody else. By this time the president is grievously perplexed. He tries to decide the various points of order. Sometimes " the chair is in doubt," and asks to be advised. At another time he announces his decision, or at least "the chair is inclined to think so." Forthwith one dozen copies of Jefferson's Manual are drawn upon him. The chair begins to hesitate-he " believes the gentleman is right," takes back his decision, retracts incontinently-and looks as humble as Uriah Heep. Thus the business begins, and proceeds day after day.
At this moment the subject of taxation is under consideration, and gives rise to much debate. This subject, as you are aware, has occu- pied the attention of the ablest political economists and statesmen for many centuries, and I congratulate the world that its true principles are about to be settled at last by a competent tribunal. Dr. Bayne (whether M. D., D. D., or LL.D., this deponent sayeth not,) has recently enlight- ened us on the subject. The question presented no difficulties to his clear and vigorous intellect. He spoke for a good hour, shedding a flood of light upon a great variety of subjects. He told us about the " bears and panters" in the Dismal Swamp near Norfolk, where the Doctor lives, and declared his determination to have free schools established there.
Another topic upon which the Doctor enlightened us during his speech on taxation, was the mode of constructing pig-pens and chicken-coops in Massachusetts. He had rusticated for a time in the Bay State. Taking up a printed document which was lying before him, he bent it into the shape of a model, the original of which was no doubt brought over by the Pilgrim Fathers in the May Flower, along with all other useful institutions. I am satisfied that our new Constitution should provide for the introduction of the Massachusetts pig-pen and chicken- coop into this State without delay. Dr. Bayne informed us that in the Bay State one little boy fed all the pigs, while here it took four men and five women, and "old master " to boot.
And now Mr. Frank Moss, of Buckingham county, gets the floor on the same subject. White Radical: "Will the gentleman allow me a minute ?" Mr. Moss : "No; I aint gwine to low you nary minit." The very black gentleman proceeds to say that he " has sot here and hern em talk about taxation," &c. He goes for laying the burden on land. So do all the colored members, and some of the whites, avowedly expecting by this means to force the owners to sell or give away a part of their lands. If I understood Dr. Bayne, however, taxing the lands heavily will cause pigs to grow much faster and larger.
Another member-and a white man this time-advocates a capitation tax, but is entirely opposed to a poll-tax ! A mischievous Conservative politely asks the speaker to explain the difference, and we are told that
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" a capitation tax is on the head," and "a poll-tax is for roads-that's the way I understand it, sar!" These are our Constitution-makers!
I have a suspicion that some of the white Radicals are getting sick of their black allies. The white leaders expected the blacks to be a very tractable set of voters, so excessively in love with "the old flag," and so thoroughly " loyal," as to give all the good fat places to the pale faces. But genius will assert itself-the star of Africa is in the ascend- ant, and the light of its civilization is dawning upon us. The new era, beginning with " equality before the law," has now reached the stage of "manhood suffrage," and the consummation of no distinction any- where "on account of race or color " is hastening on. No, not exactly that-there is to be distinction, for the blacks seem to claim the honors and emoluments without bearing the burdens of government. The black speakers scold and hector their white associates, whom they sus- pect of an indisposition to toe the mark. Some of the latter cower and cajole, and do everything possible to conciliate. Others of the whites, however, are evidently restive. They have caught a Tartar.
Governor Pierpoint's term of office expired January 1, 1868, and no successor had been elected. In point of fact, a governor was entirely unnecessary, as all the functions of the office were exercised by the Federal military commander. General Scho- field, to keep up appearances, however, issued an order, April 4th, appointing Henry H. Wells governor of the State, and re- quiring that he be "obeyed and respected accordingly." Wells was a Northern man, who settled in Alexandria at the close of the war.
The Underwood Convention adjourned April 15, having com- pleted its work. It must be admitted that the Constitution proposed was, in some respects, better than could have been anticipated. But it prohibited from voting all persons who, having held any civil or military office, afterwards participated in "rebellion," and imposed the "iron clad oath" upon all persons appointed or elected to public office, thereby disfran- chising nearly all the white people in the State.
The Convention designated June 2 as election day for rati- fication or rejection of the Constitution. General Schofield, however, issued an order, April 24, postponing the election indefinitely, alleging want of funds to meet the expenses.
The possibility of having such a Constitution, with all its restrictive clauses, imposed upon the State, aroused the white people from their lethargy. The general feeling was expressed
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by the Charlottesville Advocate in a few words. Speaking of the Constitution it said: "The thing is coal-black. It is an ebony Constitution, with an iron-clad oath. It is not Jamaica, but Hayti, and Hayti with the felon's ethics as the fundamental law." The Petersburg Index said: "We do not intend to mollify Radical wrath, or propitiate Republican patronage by a base surrender or compromise of the cause of Virginia. We will cling to her in her fallen fortunes with the love of love. We will turn upon her enemies with the hate of hate. We are not care- ful in this matter. There are crises in human affairs when who- soever would save his life shall lose it."
The policy of the Conservatives was to vote down the Consti- tution, if possible. But as a governor and other State officers were to be elected whenever the Constitution should be sub- mitted to the vote of the people, and as the instrument might be foisted upon the State, it was important to have acceptable can- didates in the field for the offices referred to. A State Conserva- tive Convention was therefore called. It met in Richmond, May 7, and was largely composed of the best men in the Common- wealth. John B. Baldwin, of Augusta, presided, and would have been nominated for Governor if he had not positively refused the position. Under the terms of the new Constitution he was ineligible to any office. Robert E. Withers was nominated for Governor, James A. Walker (a native of Augusta, living in Pu- laski county), for Lieutenant-Governor, and John L. Marye, for Attorney-General. Canvassers were appointed in the various counties, who were expected to arouse the people to defeat the adoption of the Constitution, but at the same time to vote for the candidates presented by the Conservative Convention.
In June, General Stoneman succeeded General Schofield as commander of "Military District No. 1," and was therefore practically governor of Virginia.
The question of a county subscription of $300,000 to the stock of the Chesapeake and Ohio Railroad company was submitted to the voters of Augusta on the 27th of August. Not more than half the registered voters went to the polls. It required a ma- jority of three-fifths of the votes cast to carry the proposition, and it was defeated-yeas, 1,205; nays, 1,077.
The first Augusta County Fair was opened on Tuesday, Octo- ber 27, and continued on Wednesday and Thursday. The
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dedication address was delivered by Mr. Stuart. In the midst of the general depression, on account of our political affairs and prospects, the Fair was enjoyed as an agreeable and seasonable pastime and relief. The Fair ground was then along Lewis's creek, a mile east of Staunton.
On the 3d of November, the presidential election took place in the Northern States. The people of Virginia were not per- mitted to vote.
In December, 1868, what was afterwards designated as "The New Movement" was started by Mr. Alexander H. H. Stuart, with other citizens of Staunton co-operating. Mr. Stuart and his associates wrote to many prominent men in various parts of the State, inviting a conference in Richmond, on Thursday, De- cember 31, in regard to the state of public affairs. About forty gentlemen met at the time and place appointed. At that time it was understood that Congress, in order to compel the adoption of the Fourteenth Amendment and the Underwood Constitution, would soon pass an act vacating every office in the State, leaving them to be filled by the classes known as " carpet baggers " and "scalawags." The former were people of Northern birth, who had recently come into the State to obtain what spoils they could, bringing all their worldly estate in hand-satchels. The latter were native white people who claimed to have always been Union men, but were believed by others to have prostituted themselves for the sake of office.
The conference in Richmond, without presuming to represent the people of Virginia or the Conservative party, proposed to consent to universal suffrage as the means of getting rid of the disfranchisement clauses of the Constitution. They regarded negro suffrage as inevitable. A committee was appointed to go to Washington and negotiate with Congress a compromise on the basis of " universal suffrage and universal amnesty." The committee consisted of Messrs. Stuart and Baldwin, of Augusta; John L. Marye, Wyndham Robertson, William T. Sutherland, William L. Owen, James F. Johnson, James Neeson, and J. F. Slaughter, and soon became famous as the "Committee of Nine."
The press of the State, with few exceptions, opposed the movement, and the members of the committee were for a time covered with opprobrium, as surrendering the whole field. They
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repaired to Washington early in January, 1869, and their move- ments, conferences with leading politicians, &c., were eagerly and widely reported by the newspaper press. On the 18th they submitted to the Judiciary Committee of the Senate, a letter stating the modifications of. the Constitution proposed by them- to strike out certain clauses and modify others. Congress was, therefore, expected virtually to frame a Constitution for the State, which to some extent it undertook to do. The " Commit- tee of Nine" merely dealt with circumstances as they existed.
Joint resolutions were passed by Congress, January 23, declar- ing that all persons holding civil offices under the "Provisional Governments" of Virginia and Texas, who could not take the oath prescribed by act of July 22, 1866, should be removed, and their places filled by District Commanders by the appointment of persons who could take the oath. Hardly any other qualifi- cation for office was required except that the appointee was will- ing to swear he had not engaged in rebellion against the United States.
During the month of February, the "New Movement" was the absorbing topic throughout the State. The Committee of Nine were assailed by argument and ridicule, but they persevered in their course, and public opinion began to change in regard to the propriety of their movement. It was a common remark at the time, uttered or written somewhat ironically, "The Com- mittee of Nine has done a great deal of good." President John- son, whose term expired March 4, was at open war with the majority in Congress, and it was well understood that they would favor whatever he opposed. It was therefore suggested that the committee induce him to promise in advance to veto a bill embracing their scheme, as a means of securing its passage. Senator Boutwell was represented as enquiring, whether, if all disabilities were removed, the people of Virginia would sustain or oppose the Republican party; and the Committee was repre- sented as replying, they " could do a great deal of good."
The justices of the peace elected by the people of Augusta, were removed from office, in February, and others appointed by General Stoneman. At February court a new sheriff, also ap- pointed by Stoneman, qualified and assumed the duties of the office.
A State Convention of the Radical party was held in Peters-
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burg, March 10, which nominated Henry H. Wells for Governor, J. D. Harris (a negro) for Lieutenant-Governor, and Thomas R. Bowden for Attorney-General. A portion of the members seceded, headed by Franklin Stearns, desiring, as they said, to " rescue the Republican party of Virginia from the management and control of designing and selfish politicians." They organ- ized and nominated a State ticket-Gilbert C. Walker for Gov- ernor, John F. Lewis for Lieutenant-Governor, and James C. Taylor for Attorney-General. This was popularly designated "the Newest Movement." This party called themselves "Liberal Republicans."
In March, the judge of the Circuit Court of Augusta, and the clerks of all the courts sitting in Staunton, were removed, and the offices filled by military appointments. David Fultz was appointed judge in place of Hugh W. Sheffey. Mr. Fultz was one of the few citizens of the county who never gave in their adhesion to the Confederate government, and who, therefore, could take the prescribed oaths without forfeiting entirely the respect of the people. Samuel A. East was appointed clerk of the County Court in place of William A. Burnett, but declined to qualify, and the office was conferred upon Samuel Cline, a worthy member of the Dunkard church, who could take the oath honestly if any resident here during the war could. Robert D. Sears was appointed clerk of the Circuit Court in place of Joseph N. Ryan, and the Rev. Samuel J. Baird, clerk of the Hustings Court of Staunton, in place of James F. Patterson. Messrs. Baird and Sears resided at the North during the war, and were therefore out of the way of giving aid and comfort to the "rebellion." These appointments of clerks were merely nominal, however, the former incumbents, under the name of deputies, continuing to discharge the duties and receive the profits of the offices. John R. Popham, a resident of Bath county, was appointed commonwealth's attorney for Augusta, there being no resident lawyer qualified according to the exist- ing requirement. All the commissioners in chancery were re- moved, a military appointee undertaking to perform their various functions. Thus all the old officers were deposed, and new men, many of them strangers, installed in their places.
The farce of having a governor, "so-called," played out on the 27th of March, when a military order was issued, announcing
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that Henry H. Wells, "Provisional Governor," was removed, and that all the powers of the chief executive were assumed by General Stoneman.
General Grant was inaugurated president of the United States March 4, 1869. Before, and after his inauguration, he gave his countenance to the "Committee of Nine" and the "New Movement." On the 9th of April, Congress passed an act authorizing the president to submit the "Underwood Constitu - tion" to the qualified voters of the State, and to submit to a separate vote such clauses thereof as he might deem proper. The president was authorized to fix the day of election, at which time also State officers and members of Congress and the Legis- lature should be elected. The "Committee of Nine," therefore, finally obtained all, or nearly all, they sought.
The State Executive Committee and County Superintendents of the Conservative party met in Richmond, April 28, and with- drew Messrs. Withers, Walker and Marye from the field, with their consent. They nominated no other candidates, and it was understood that the Walker ticket would be supported by the party.
President Grant, on May 18, issued a proclamation appointing July 6 as election day in Virginia, and requiring a separate vote to be taken on several clauses of the Constitution.
During the month of May, General Canby became military governor in place of General Stoneman.
Before the election a new registration of voters was made. The number registered in Augusta county was 5,788-4,426 white, and 1,362 colored.
At the election, on the 6th of July, the new Constitution was ratified by the vote of the people, the clauses specially submitted being, however, stricken out. Gilbert C. Walker was elected Governor, and the Conservatives and Liberals secured a large majority in both branches of the Legislature. Joseph A. Wad- dell was elected to represent the district of Augusta and High- land counties in the Senate, and the delegates elected in Augusta were Henderson M. Bell, Marshall Hanger,58 and Alexander B.
58 Augusta has furnished more speakers of the House of Delegates than probably any other county. Hugh W. Sheffey served in that capa- city during the war. John B. Baldwin in 1865, to 1867, and Marshall Hanger from 1871 to 1877.
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Cochran. William Milnes, of Page county, was elected to repre- sent the district of Augusta, Page, &c., in the lower house of Congress.
In pursuance of a proclamation issued by General Canby, the Legislature met on the 5th of October. Both Houses were speedily organized, and the Fourteenth and Fifteenth Amend- ments to the Constitution of the United States were formally ratified. After the election of United States Senators, the Legis- lature adjourned to await the further pleasure of Congress.
The stockholders of the Chesapeake and Ohio Railroad Com- pany met in Richmond in November, 1869, and ratified a con- tract previously entered into by the directors with Huntington and others, by which the completion of the road to the Ohio river was secured.
The proceedings of the Legislature being so far satisfactory, a bill to admit Virginia into the Union was passed by Congress January 24, 1870 The theory of "Union men" had been pre- viously that the act of secession had not taken the State out of the Union. This theory could not be ignored consistently, and therefore the bill referred to was styled "An act to admit the State of Virginia to representation in the Congress of the United States." The people, however, did not care to criticise phrase- ology. They congratulated themselves upon the prospect of peace and quietness at last, although they felt irritated at the ungracious conduct towards them of the party in power. The course of this party was entirely illogical, to say the least of it. If the State was out of the Union in October, 1869, how could its Legislature ratify the Fourteenth and Fifteenth Amendments? If it was in the Union, what right had Congress to meddle with her affairs ?
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