CHAPTER IV

THE WAR YEARS: 1861-1865

As events in the winter of 1860 and the spring of 1861 carried the

nation into the crisis of civil war, Fairfax County aligned itself

with Richmond rather than Washington. Thus, at the State's convention

on secession in May 1861, the Fairfax County delegation voted to

ratify the secession ordinance.[83] The consequences of this action

were prompt in coming and far-reaching in their effects, for with the

commencement of military operations in Northern Virginia it became

impossible to carry on the normal processes of county government.

Fairfax Court House (the Town of Providence) was outside the ring of

fortifications which were built on the Virginia side of the Potomac to

protect the National Capital. Inside this line, stretching in a great

arc from Alexandria, through the vicinity of The Falls Church, to

Chain Bridge, Union Army commanders exercised military authority and

administered justice through provost courts.[84] Outside this area the

authority of the General Assembly of Virginia nominally remained in

effect, and the justices of the courts and the sheriffs of the county

continued to hold their positions under the laws of the seceded state.

Serious difficulties in the transaction of public business soon

appeared throughout Fairfax County, where patrolling and skirmishing

outside the ring of permanent fortified positions were daily

occurrences. This was recognized in an ordinance adopted by the

Secession Convention providing that when the court of any county

failed to meet for the transaction of business or the public was

prevented from attending the court "by reason of the public enemy",

the court of the adjoining county where such obstructions did not

exist had jurisdiction of all matters referrable to the court or the

clerk of the court where normal business had ceased.[85]

As Virginia armed, troops of the Confederacy placed themselves in

positions to repel invaders, and in May 1861, a company of the

Warrenton Rifles established a camp at Fairfax Court House. On the

morning of June 1, 1861, a body of Union cavalry rode through the

town, and in the confused exchange of fire which followed, a Captain

of the Rifles, John Quincy Marr, became the first officer casualty of

the war.[86]

A month later, the tide of Union forces under McDowell swept past the

courthouse on the way to its rendezvous at Bull Run, and back again to

the safety of the fortified positions along the Potomac. In the wake

of their victory at Bull Run, troops of the Confederacy established an

outpost at Fairfax Court House to watch for signs that the Union Army

might resume the offensive by moving against the Confederate

earthworks near Centreville.

This outpost did not see any fighting for the time being, but it

provided the site for what later was regarded as one of the decisive

moments of the war. In September 1861, General Beauregard had

established his headquarters at Fairfax Court House, and urgently

pressed the newly-formed government of Confederate President Jefferson

Davis for reinforcements with which to sweep into Pennsylvania and

Maryland and, hopefully, to carry the Federal capital itself. A

meeting was arranged at Beauregard's headquarters in which Davis,

Generals Beauregard and J. J. Johnston, and certain of their trusted

staff officers considered this plan. Their decision was to adopt a

defensive posture and protect the borders of Virginia rather than take

the offensive and invade the North. As events turned out, this

decision had consequences of the greatest effect, for it was not until

Lee marched out of the Valley on the road to Gettysburg in 1863 that

there was another opportunity for the Confederacy to carry the war to

the soil of the northern states.[87]

In the spring of 1862, the Confederate army retired from Fairfax Court

House, and soon after that its line of fortifications at

Centreville--the most extensive system of field fortifications in

military history up to that time--was abandoned. As the Union armies

took the initiative in their repeated efforts to reach Richmond, the

crossroads at Fairfax Court House had key importance in the

communication and supply systems of these forces.

From 1862 to the end of the war, Union troops remained in control of

the crossroads and the courthouse. Contemporary photographs of the

building show it being used as a lookout point and station for

patrols. Other descriptions indicate that the courthouse was

loopholed,[88] the furnishings were removed, and the interior

generally was gutted so that only the walls and roof remained.[89] For

all practical purposes, the courthouse and its related buildings were,

in the years 1863 and 1864, a military outpost and minor headquarters

in the Union army's system to protect its supply and communications

lines from the irregular troops who kept hostilities constantly

smoldering in Northern Virginia. Throughout the western part of

Fairfax County, and in Loudoun, Fauquier and Prince William Counties,

lived many who gave the appearance of innocent farmers during the

daylight hours, but who changed into Confederate uniforms at night and

on weekends to ride against isolated outposts or supply points of the

Union army or destroy vulnerable bridges and communications centers.

The operations of these guerilla bands kept thousands of Union troops

pinned down on rear area security guard duty, and preoccupied the

forces assigned to Fairfax Court House. The difficulty of their task

under the circumstances that prevailed in Northern Virginia was

dramatized in the famous Confederate raid on Fairfax Court House by

men under the command of Col. John S. Mosby when, on the night of

March 8, 1863, the Confederate commander with about 30 men captured

and carried off 33 prisoners, including Union Brigadier General Edwin

H. Stoughton, and a large number of horses and quantity of supplies.

Throughout 1863, 1864 and the spring of 1865 hardly a night went by

without some cries of alarm and shots being fired because of the

activities of the Confederate irregulars. Yet they took a substantial

toll from the wealth and welfare of the very people they claimed to

represent, for the Union troops soon learned more efficiency in their

rear area operations, and increased the restrictions on movement of

civilian traffic. The transaction of personal business in normal ways

became virtually impossible. The historian, Bruce Catton, has assessed

the activities of the guerilla bands as follows:

The quality of these bands varied greatly. At the top was John S.

Mosby's courageous soldiers led by a minor genius, highly

effective in partisan warfare. Most of the groups, however, were

about one degree better than plain outlaws, living for loot and

excitement, doing no actual fighting if they could help it, and

offering a secure refuge to any number of Confederate deserters

and draft evaders.... The worst damage which this system did to

the Confederacy, however, was that it put Yankee soldiers in a

mood to be vengeful.[90]

During the years when normal business at the courthouse was suspended

and the county officials who held authority from the General Assembly

were dispersed, some of the county's records were removed from the

courthouse for safekeeping, and some were not.[91] In either case they

were subject to the risks of loss and damage. Some were carried off

and in later years have been brought to light as the descendents of

Union and Confederate soldiers have found them in places where they

had been put for safekeeping.

The jail building ceased to be used for its original purpose, and,

during the latter months of the war, the jail of Alexandria County

(now Arlington County) was utilized for Fairfax County's

prisoners.[92]

The effort to provide a legitimate successor to the secession

government in Richmond started in the Wheeling Conventions of May and

June 1861, from which came the Unionist government of Francis H.

Pierpont.[93] The admission of West Virginia to the Union in December

1862[94] left Governor Pierpont in control of only those parts of

Northern Virginia, the Shenandoah Valley, and Chesapeake Bay that were

occupied by Federal troops. Within this area, the Pierpont

administration collected taxes and attempted to supply the essential

services of civilian government. Closer touch with these problems was

possible after June 1863, when Governor Pierpont moved his government

to Alexandria.

On January 19, 1863, a new County Court for Fairfax County was

convened pursuant to a proclamation by Governor Pierpont which

directed that the place for the court's sessions should be changed

from Fairfax Court House to the Village of West End[95] near

Alexandria. Here, in January 1863, the Court met in a structure known

as Bruin's Building. The minutes of this and other sessions which

followed recite many of the same problems and disputes that always had

occupied the time of county courts--dockets of minor criminal and

civil cases, petitions to higher levels of government, determination

of minor civil disputes, issuances of permits and licenses, and

appointment of public officials.[96]

Certain items in the minutes of this January 19, 1863 meeting

documented the strains created by the wartime conditions: a petition

to the Secretary of War prayed that the "Bruin Building" in the

Village of West End be placed at the court's disposal; the Deputy

Commissioner of Revenue was directed to discharge the duties of the

Commissioner until the latter, currently a prisoner in Richmond, could

return to his duties; payments were approved for wagonowners who had

hauled books, papers and records to the courthouse from various points

in Fairfax and nearby counties. One item of particular interest

stated:

The fact having been brought to the notice of the Court that

degradations were being committed upon the Mt. Vernon Estate, the

Court, under the Chancery powers vested therein, appointed

Jonathan Roberts, the present Sheriff, Curator, to take charge of

all property in Fairfax County, Va. belonging to the heirs of

John A. Washington, dec.[97]

After the cessation of fighting in April 1865, Governor Pierpont moved

his government from Alexandria to Richmond. However, without the

presidential support which Lincoln had provided during his lifetime,

the Pierpont administration found it increasingly difficult to carry

on effective government as the years immediately after the war saw

numerous plans for reconstruction competing for favor. The situation

was further complicated by the fact that in February 1864 the Pierpont

administration had sponsored a constitutional convention which had

adopted a new constitution for Virginia, and that this constitution

had nominally gone into effect in Alexandria and Fairfax counties.[98]

A complex legal problem regarding the succession of governmental

authority thus was added to the formidable task of reconstructing

Fairfax County's economy and physical facilities.

This task was made difficult because many of the records of the County

had been scattered or destroyed during the fighting. Records were

searched out and retrieved whenever their places of safekeeping were

known, a process requiring years of effort. Some record books were

never found. The accounts of how the wills of George and Martha

Washington were recovered are frequently cited to illustrate the

difficulties of reassembling Fairfax County's records.

When, in the fall of 1861, Beauregard's Confederate troops withdrew

from Fairfax County, the will of George Washington was secretly

removed from the courthouse by the court clerk, Alfred Moss, and taken

to Richmond. Here it was placed for safekeeping with the Secretary of

the Commonwealth of Virginia. Following the cessation of hostilities,

it was returned to Fairfax County.[99]

Martha Washington's will was not removed from the courthouse to

Richmond, but remained there during the time Union troops occupied the

building as a patrol point. As might be expected, cabinets were broken

open and papers scattered. One day, late in 1862, a troop of soldiers

from New England was in the building and engaged in shoveling out the

debris from the floor. A Union lieutenant named Thompson grew curious

about these papers and interrupted the work long enough to examine

some of them. He picked up the will of Martha Washington and,

recognizing it, took it with him. Following the war, the will next was

heard of in 1903 in England where a descendant of Lt. Thompson sold

it to J. P. Morgan. The sale was reported to the Commonwealth Attorney

of Fairfax County who wrote Mr. Morgan seeking the return of the will,

but no answer was ever received. After Mr. Morgan's death, the County

sought to obtain the will from his son. Negotiations were unsuccessful

until court action was begun by the County. Finally, one day before

the matter was to be argued before the United States Supreme Court,

the will was returned.[100]

NOTES FOR CHAPTER IV

[83] Thomas Chapman, Jr., "The Secession Election in Fairfax County,

May 23, 1861", _Yearbook of the Historical Society of Fairfax County_,

IV (1955) 50.

[84] Robert Anderson, "The Administration of Justice in the Counties

of Fairfax, Alexandria (Arlington) and the City of Alexandria (Part

II)", _The Arlington Historical Magazine_, II (October 1962) 10-11.

[85] Ordinance 67, passed by the Virginia Convention, 26 June, 1861,

cited by Anderson, "Administration of Justice", p. 10.

[86] Governor William Smith, "The Skirmish at Fairfax Court House",

_The Fairfax County Centennial Commission_, (Vienna, Virginia: 1961)

p. 4. Because of the confusion in the Confederate ranks, no officer

took charge, and so Governor Smith ordered the Confederate troops to

return the fire of the Federal soldiers.

[87] The Fairfax Court House meeting, which took place in Gen.

Beauregard's headquarters near the courthouse, has been the subject of

controversy in the memoirs of those involved. See, for example,

Jefferson Davis, _The Rise and Fall of the Confederate Government_,

(New York: Yoseloff, 1958), I, 368, 448-452, 464; Alfred Roman,

_Military Operations of Gen. Beauregard_, (New York: Harper & Bros.,

1884), I, 137-139.

[88] _Washington Post_, April 10, 1921.

[89] _Alexandria Gazette_ and _Fairfax News_, October 17, 1862.

[90] Bruce Catton, _A Stillness at Appomatox_, (New York: Cardinal

Giant Edition, Pocket Books, Inc., 1958), pp. 318-319.

[91] Two items from the _Alexandria Gazette_ in July 1862 illustrate

the problems regarding these records. The edition of July 12, 1862

printed a letter to the newspaper stating that records of Fairfax

County had lately been found in Warrenton, having been removed there,

it was supposed, by lawyers. The new sheriff of the County took

possession of these records. The edition of July 23, 1862 reported

that the new County Court of Fairfax held its July term in the Clerk's

office, the courthouse not being in condition for that purpose, and

that one of the court's actions was to order that application be made

for a new seal, the old one not being found.

[92] Fairfax County Court Minute Book, 1863-1867, p. 130. This order

was entered November 25, 1864, and was rescinded by a subsequent order

entered November 22, 1865. Minute Book, 1863-1867, p. 289.

[93] The Unionists in northern and western Virginia met twice in

conventions held at Wheeling. In May 1861 a convention of some 400

so-called delegates from the counties in these regions met to consider

their stake in the State's constitutional crisis, but took no action

since Virginia had not yet ratified the secession ordinance. A second

convention at Wheeling was held in June 1861, and organized a Unionist

government for the State which claimed the authority of the General

Assembly (which it asserted had forfeited its authority by rebellion)

and other constitutional officials. Francis H. Pierpont served as

governor of this Unionist government of Virginia.

[94] The Congressional approval of West Virginia's admission occurred

in December 1862, but it was not until June 1863 that President

Lincoln proclaimed the admission of the new State and approval of its

constitution.

[95] Fairfax County Court Minute Book, 1863-1867, p. 2.

[96] _Ibid._ Minutes of a meeting of the court on January 19, 1863.

[97] _Ibid._ The practical effect of this order has been questioned,

however, since Mt. Vernon was sold out of the Washington family in

1859 to the Mt. Vernon Ladies' Association of the Union, and the

Washingtons had, by 1863, moved to Fauquier County, leaving neither

relatives or property in Fairfax County. Interview with Judge James

Keith, April 1972.

[98] As described in William Hemphill, Marvin Schlegel and Sadie

Engelberg, _Cavalier Commonwealth: History and Government of

Virginia_, (New York: McGraw-Hill, 1957), 339-340, this constitution

contained various new provisions, such as the abolition of slavery and

denial of suffrage to all men who held office under a Confederate

government.

[99] Eugene E. Prussing, _The Estate of George Washington, Deceased_,

(Boston: Little, Brown, and Co., 1927) pp. 39-40. "Martha Washington's

Will and the Story of its Loss and Recovery by Fairfax County,"

_Yearbook of the Historical Society of Fairfax County, Virginia_, II

(1952-53) 40-62.

[100] "Martha Washington's Will," p. 61.

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