USA > Virginia > Augusta County > Augusta County > Annals of Augusta county, Virginia, from 1726 to 1871 > Part 55
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Monday night, August 28 .- The first session of the new county court was held to day. Some routine business was transacted. * * Mr. A. H. H. Stuart was nominated by a public meeting for Congress. Candidates for the Legislature were also nominated.
September 10 .- Notwithstanding we now have civil courts, our provost-marshal continues to try all sorts of cases. He generally de- cides in favor of the negroes whenever they are parties before him.
An election for members of the State Legislature was hield Octo- ber 12. Nicholas K. Trout was elected to represent Augusta in the Senate, and John B. Baldwin, Joseph A. Waddell, and George Baylor were elected members of the House of Delegates. Mr. Stuart was at the same time elected a member of the United States House of Repre- sentatives.
The Circuit Court for Augusta county, Judge L. P. Thompson presiding, was held at the usual time in November. But although civil authority was then professedly restored, some Federal troops were kept in Staunton till January 12, 1866, when they were finally taken away. They were accused of exciting much disorder in the town, and their departure caused general rejoicing in the community.
CHAPTER XXV.
RECONSTRUCTION-1865-'71.
At the close of 1865, our people flattered themselves that they would be left to attend to their own affairs, under the Constitution of the United States, without further molestation. They had in good faith "accepted the situation," and had no thought of future resistance to Federal authority. We shall see liow far they were disappointed.
Congress and the Legislature met in December, on the same day. Mr. Stuart could not take the prescribed oatlı, and he and all Southern men were excluded from the halls of Congress. This was a strange spectacle. Tlie war was waged for four years to compel the Southern people to return to the Union, and now their representatives, although prepared to swear allegiance, were denied all participation in the gov- erneut. For four years more Virginia had no representative in Con- gress.
The Legislature, however, proceeded comparatively untrammeled. John B. Baldwin, of Augusta, was elected speaker of the House of Delegates, and his influence was commanding and most salutary. There was little in the proceedings of the Legislature during either session-the winters of 1865-'6 and 1866-'7-which has a place in these Annals. Some of the business was of general importance, and much of it was merely routine. Federal politics were avoided as far as possible. Many acts of incorporation were passed, and amongst them one for chartering the Valley Railroad Company.
Under the Alexandria Constitution, "so called," judges of the higher courts were nominated by the Governor, and ratified or rejec- ted by the Legislature. The Court of Appeals consisted of three judges, and the counties were arranged in circuits, as previously. In February, 1856, Judge Lucas P. Thompson, of the Augusta Circuit Court, was nominated by the Governor and confirmed by the Legisla- ture as one of the Judges of the Court of Appeals. His healthi, how- ever, was then declining, and he died in the following April, without having taken his seat on the bench of the highest court. In like man- ner, Hugh W. Sheffey, of Staunton, became the Judge of the Circuit court of Augusta and other counties.
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Mutterings of the coming trouble were heard early in 1866. The few "original Union men " in the State were dissatisfied with the restoration of "Rebels" to place and power; and a few of them, under the lead of John C. Underwood, held a meeting in Alexandria, in February, and adopted a memorial asking Congress to set aside the State government and organize a territorial government for Virginia. The proposition was generally regarded as preposterous ; but Under- wood and his faction having the sympathy of the dominant party in Congress, in order, if possible, to forestall hostile action, the people of Augusta, in a public meeting, on February court day, reaffirmed the resolutions adopted by them May 8, 1865.
On the 4th of April, 1866, a convention was held in Staunton, in behalf of the Valley Railroad enterprise, eight counties being repre- sented. The company was organized under the charter granted by the Legislature, and a president and directors were elected .*
A proclamation of the Secretary of State of the United States at Washington, dated December 18, 1865, set forth that the Thirteenth Amendment to the Constitution, which prohibited slavery in the United States, had become valid, having been ratified by thirty-three States, exclusive of Virginia. To this amendment there was no oppo- sition in this section of country, our people generally having no desire to perpetuate the institution of slavery. But the Thirteenth Amend- ment was no sooner adopted than the Fourteenth was proposed. This amendment, among other things, disfranchised every person, who, having previously, as a public officer, taken an oath to support the Constitution of the United States, had engaged in rebellion, unless re- lieved of such disability by a vote of two-thirds of each house of Con- gress. It also prohibited the payment by any State of any debt incurred in aid of rebellion. The agitation of this matter led to another meeting of the people of Augusta, at their June court, 1866, at which J. M. McCue presided. Resolutions were adopted protesting against amendments to the Constitution proposed by "the body of men now assembled at Washington, and which claims to be the Congress of the United States." They further expressed opposition to the amendment, but declared that no proposition of the sort could be considered by the people till all the States were represented in Congress.
While our people were kept in a state of unrest and discomfort by the measures proposed by politicians at Washington, nothing of special interest occurred in the county during the remainder of 1866.
* The road was completed to Staunton in March, 1874, and to Lexington in November, 1883.
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On the 4th of January, 1867, a bill to establish and incorporate the "Augusta County Fair" was introduced in the House of Dele- gates by John B. Baldwin. This bill was duly passed, and, as required by it, the County Court appointed directors of the Fair at the June term, 1867.
Until the early part of 1867, it was expected that a Governor would be elected during that year to take office January 1, 1868. Mr. Stuart and Colonel Baldwin were the only citizens prominently named in connection with the office ; and if the election had been hield, it is almost certain that one or the other of them would have been chosen to preside over the State.
The Legislature was called upon to consider the proposed amend- ment to the Constitution of the United States, and on the 9th of January, 1867, the Senate unanimously, and the House of Delegates with only one dissenting vote, declined to ratify it.
The party controlling Congress had, however, been at work devising measures to constrain the Southern States to ratify the Four- teenth Amendment, and on the 20th of February the "Shellebarger Bill " was passed. This bill provided, that whenever the people of any one of the " Rebel States " should adopt a Constitution framed by a convention of delegates elected by " the male citizens of said State, twenty-one years old and upwards, of whatever race, color, or previous condition," etc., etc., "except such as may be disfranchised for participation in rebellion," etc., etc., and when, by a vote of the Legislature of said State, the Fourteenth Amendment to the Constitu- tion should be adopted, thien senators and representatives therefrom should be admitted into Congress, etc. This act was vetoed by President Johnson, but became a law by a two-thirds vote of Congress. Another act was passed over the President's veto, March 22nd, which provided for the registration of voters and the call of State conventions contemplated by the Shellebarger Bill. These measures caused a feel- ing of deep depression in the State, as they indicated, it was believed, an intention to place the Commonwealth in the hands of the freed negroes, to the exclusion of nearly all other people.
General Schofield, of the Federal army, commanded the troops in Virginia, or " Military district No. 1," as it was called. He issued an order, April 2, suspending all elections by the people until the regis- tration of voters required by act of Congress should be completed. In the meantime, vacancies in office were to be filled by military appoint- ment of persons deemed "loyal," or who would take the prescribed oath, commonly known as "the iron-clad oath." Registration officers
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in the various counties were appointed by General Schofield from the same class.
The Legislature adjourned finally on the 29th of April.
Confederate Memorial Day was observed in Staunton by the peo- ple of Augusta for the first time on the Totli of May, the fourth anni- versary of the death of General Thomas J. Jackson. Colonel Charles T. O'Ferrall delivered an address in the Methodist church, and a pro- cession of people, nearly a mile in length, moved from the town to Thornrose Cemetery, where there were appropriate ceremonies.
The registration of voters, under the act of Congress, was begun June 22, and completed July 20. The number of voters registered in the county was 4,690, of whom 3,484 were white people, and 1,206 colored. This system of registration, and the secret ballot coupled with it, were innovations on the ancient custom in Virginia. We had now seen the last of the old, and, as many still think, better plan of voters proclaiming their choice at the polls.
Everything in relation to the proposed convention was arranged and ordered by the Federal officer in command of "Military District No. 1." General Schofield directed that Augusta county should have two delegates, and the district of Augusta, Albemarle, and Louisa, one, and that the election should take place October 22. The voters had the privilege of voting for or against the Convention, as well as for delegates to serve in case the majority in the State was in favor of a convention.
Nearly all the white people in the State were arrayed in opposi- tion to the measures of the extreme "Republicans," who controlled both branches of the United States Congress. The former styled themselves "Conservatives," and called the other party " Radicals." A public meeting of the Conservatives of Augusta was held in the court-house on Saturday, October 12, to nominate candidates for the Convention, the assembling of which, however, they intended to vote against. The nominees were Joseph A. Waddell and Powell Harrison to represent Augusta county, and James C. Southall to represent the district, and these gentlemen were elected on the 22d by large majori- ties over their Radical opponents. The vote stood in the county, for convention, 1,257, including 1,024 negroes and 233 whites ; against convention, 1,655, including 1,646 whites and 9 negroes. The total number of votes cast in the county was 2,912. Thus, of the register- ed voters, 1,788,-nearly all white people,-did not exercise the right of suffrage on this occasion. Very many of the people were discouraged and indisposed to wage what they felt was a useless contest with the Congress of the United States, supported by the military power of the
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government. So it was in the State generally. The vast majority of the white people who went to the polls voted against the convention, but very many did not vote at all, while the negroes generally attend- ed and voting for the convention, the majority in favor of it was 45,455.
At November court a public meeting was held in the court-house to appoint delegates to a State Conservative Convention. This body convened in Richmond on the 1 1th of December, and was presided over by Mr. Stuart, of Augusta. Among its members were many of the ablest and best known citizens of the State, all or nearly all of whom, however, were disfranchised by act of Congress. Its proceedings, though important, constitute no part of the Anuals of Augusta County.
The Constitutional Convention, in session at the same time, was in striking contrast to the body just mentioned. It met on Tuesday, December 3, 1867, in the Hall of the House of Delegates, at Rich- mond. The ritling spirit of the body was John C. Underwood, the President of the Convention, and also Judge of the United States Dis- trict Court. It is therefore known in history as the " Underwood Convention." From a Richmond letter,* 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 In- dian of almost pure blood. This is " Mr. Morgan," of Petersburg, whose person is quite imposing, and whose deportment so far has been eminently 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 inen nnaccustomed to speak in public usually betray some embarrassment in addressing an audience-not so with 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 orators are concerned. A speech delivered by one of them sev- eral 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.
* Written by the author of the Annals.
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The white Radicals are a motley crew. Some of them have ap- parently little more intelligence than the negroes, and liave 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, etc. Others were probably employees of the Freed- men's Bureau, and when that institution dispensed with their services were left here stranded like frogs in a dried-up mill-pond. Having no other resource 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 anticipation 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. 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 deportment 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 description of one of his heroes,-"as mild-mannered man as ever scuttled ship," etc.
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 peu-and-ink sketch of the Convention on the 29th of Jannary, 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 hiall. At twelve o'clock precisely, the president, having already since sunrise under- gone the labors of Hercules in his court-room, takes the chair, and in
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the blandest tones calls the Convention to order. The burly and ap- parently 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-Confederates." The assistant secretary next pro- ceeds 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 resolutions, more or less, are forthwith precipi- tated 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 member 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 tlie 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 enlightened 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 Consti- tution 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," etc. He goes for laying the
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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, how- ever, taxing the lands heavily will cause pigs to grow much faster and larger.
Another member,-and a white man this time,-advocates a cap- itation tax, but is entirely opposed to a poll-tax ! A mischievous Con- servative politely asks the speaker to explain the difference, and we are told that "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 Consti- tution 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 ascendant, 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 " manliood suffrage," and the consummation of no dis- tinction anywhere "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 gov- ernment. The black speakers scold and liector their white associates, whom they suspect 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 Pierpont's terin of office expired January 1, 1868, and no successor had been elected. In point of fact, a governor was entire- ly unnecessary, as all the functions of the office were exercised by the Federal military commander. General Schofield, to keep up appear- ances, however, issued an order, April 4th, appointing Henry H. Wells Governor of the State, and requiring that he be "obeyed and re- spected 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 most respects, better than could have been anticipated. But it prohibited from voting all persons who, having held any civil or mili- tary office, afterwards participated in "rebellion," and imposed the " iron-clad oath" upon all persons appointed or elected to public office, thereby disfranchising nearly all the white people in the State.
The Convention designated June 2 as election day for ratification 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.
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The possibility of having such a Constitution, with all its re- strictive clauses, imposed upon the State, aroused the white people from their lethargy. The general feeling was expressed by the Char- lottesville 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 felou'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 liate. We are not care- ful in this matter. There are crises in human affairs when whosoever would save his life shall lose it."
The policy of the Conservatives was to vote down the Constitu- tiou, if possible. But as a governor and other State officers were to be elected whenever the Constitution should be submitted to the vote of the people, and as the instrument might be foisted upon the State, it was important to have acceptable candidates in the field for the offices referred to. A State Conservative Convention was therefore called. It met in Richmond, May 7th, and was largely composed of the best men in the Commonwealth. 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 Consti- tution he was ineligible to any office. Robert E. Withers was nomi- nated for Governor, James A. Walker (a native of Augusta, living in Pulaski county), for Lieutenant-Governor, and Jolin L. Marye, for Attorney-General. Canvassers were appointed in the various coun- ties, 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.
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