CHAPTER V

THE YEARS OF REBUILDING: 1865-1903

With the end of the war the formidable tasks of rebuilding both state

and local governments were begun. President Abraham Lincoln's view of

reconstruction had been that the government which took Virginia out of

the Union should be the one to bring her back into the Union,[101] and

President Andrew Johnson generally sought to follow this principle.

Others, mainly the Radical Republican leaders, argued that Virginia

had forfeited her sovereignty by rebellion, and so could not return to

the Union except on new terms.[102] In this respect, President Johnson

found that the presence of Governor Pierpont in Richmond--purporting

to govern under the constitution which his government had drafted and

ratified in Alexandria in 1864--was a complicating factor. Not only

was the legitimacy of this constitution questioned, but all evidence

pointed to the conclusion that the state's leaders who had served the

Confederacy could not and would not accept it.

An unsuccessful attempt to improve the constitution was made in the

summer of 1865, and thereafter a series of confusing elections and

administrations followed as the Radical Republican leaders in Congress

overrode President Johnson's reconstruction program.[103] In March

1867, the territory of nine former Confederate states was divided into

five military districts, in which army commanders were authorized to

oversee the civil administrations of the states. In Virginia's

military district, the army commander, General John Schofield,

interfered very little with the administration of Francis Pierpont,

who served as Provisional Governor. Pierpont provided a measure of

needed stability compared to what had preceded it, and as a result

slow but steady progress was made toward reconstituting some of the

essential elements of local government in the state.[104]

The prospect of restoration of full political power to the states

appeared briefly in March 1867 when Congress provided that the

Confederate states would be readmitted to the Union and their

delegations would be seated in Congress when they adopted

constitutions which conformed to the Constitution of the United States

with the new Fourteenth Amendment. A convention, dominated largely by

Republican reconstructionists, met in December 1867 and brought forth

the so-called "Underwood Constitution," named for Judge John Underwood

who presided at the convention.

The proposed new constitution contained the main features which were

needed to secure reinstatement of Virginia's sovereignty. In addition,

however, it contained a controversial provision which, in effect,

disenfranchised thousands who had served the Confederacy. Thus, the

choice offered in the impending ratification referendum was difficult

for most Virginians. So controversial was this matter that the army

commander was moved to intervene and postpone the referendum

indefinitely.[105] Stalemate followed during 1868 and 1869. Francis

Pierpont was replaced in the office of Provisional Governor by Henry

Horatio Wells, a New Yorker who was favored by the Radical

Republicans. Progress toward reconstitution of local government lost

momentum as state leadership lapsed.

Intervention by President Grant finally brought action on the

Underwood Constitution by proposing that Virginians vote on the

controversial disenfranchisement clauses separate from the main

features of the document. In July 1869, the vote was taken, with the

expected result that the "test oath" provision was defeated while the

constitution was approved. In the General Assembly elected under this

constitution, the Conservative Party enjoyed a working majority over

the Republicans, who had been badly split by the referendum

controversy. Henry Wells resigned, and was replaced by Gilbert Walker,

who served first by appointment of the army commander and later by

virtue of election to a constitutional four-year term. In January

1870, legislators from Virginia resumed their seats in the Congress,

and the last Federal occupation troops left the State.

The Underwood Constitution introduced major changes into the structure

of local government.[106] It adopted the Northern system of dividing

counties into townships,[107] with a justice of the peace exercising

his authority only within his township. Other elective offices

introduced at this time were county supervisors, a county clerk,

collector, assessor, overseer of the poor, and overseer of roads. All

these officials--some serving the township and others the county--were

salaried, and greatly increased the size of the governmental apparatus

formerly centered in the county court. The Board of county supervisors

was the general governing body of the county, comprised of members

elected from each township.

Although this expansion of the structure of county government came in

response to recognition that problems of the 1870's could not be

solved with government geared to the 1770's, the impact of these

problems plus Virginians' conservative political tradition led to

dissatisfaction with the township system from its inception. As soon

as the original force of the reconstruction movement was spent,

therefore, this system was modified to bring it more into line with

Virginia's historic governmental institutions. In 1875 and 1884 the

number of separate elective offices was decreased, the independent

powers of the townships were reduced, and the townships were converted

into "magisterial districts."[108] Gradually the power to appoint all

county officers except those with constitutional status was given to

the board of county supervisors and the county's Circuit Court judge.

[Illustration: Map of Fairfax Court House from G. M. Hopkins, _Atlas

of Fifteen Miles Around Washington_, 1879.]

The last quarter of the nineteenth century saw the appearance and

disappearance of a number of public offices now only dimly remembered.

For example, the county office of commissioner of roads dated from

1831, but the constitution of 1869 created township overseers of roads

who, with the commissioner of roads, formed the county road board.

When the townships were abolished, the duties of these boards were

transferred to the commissioner of roads and road surveyor. By 1900

this highly decentralized system had resulted in enactment of several

hundred local road laws by the states and led to a confused situation

that was not cured until the state highway system and highway

department were established in 1919.[109]

From the time of the disestablishment of the Church of England, care

of the County's poor and orphans had been the responsibility of the

County's overseer of the poor. Public health measures to suppress

smallpox also were carried on by this officer. The constitution of

1869 created a superintendent of the poor for each county, elected by

popular vote, and the overseers of the poor became township officers.

With the abolition of the townships, the superintendent of the poor

also disappeared and the overseers became officers of the magisterial

districts.[110]

In the early days of the nineteenth century, the justices of the

County Court had been responsible for the County's militia. This

system was changed in 1833 when the militia were reorganized to form

divisions, brigades and regiments on a state-wide basis. Officers were

appointed by the governor on recommendation of the county court. This

system continued until the Civil War, and when the militia was

established after the war it was managed entirely from the state

level.[111]

In the changes that followed the shift of governing power to the board

of county supervisors, one of the chief losers was the county sheriff.

He ceased to have any control of elections or revenue matters, and his

other powers and prerogatives connected with administrative functions

of county government were lost to others. He became exclusively a

peace officer and custodian of the county jail, and these are the

duties of his office today.

As the nineteenth century ended, Virginia moved toward another

constitutional convention--its fifth since 1776--with the hope of

modernizing the machinery of government. As matters turned out,

however, the resulting constitution of 1902 was not a forward-looking

document, and its chief results were to formalize changes which had

already occurred in practice. Thus, much debate was spent on how

voting qualifications should be regulated, and whether the old county

court should be abolished or not. Fairfax County's representatives in

the convention voted for retaining the county court, arguing that the

monthly sessions had significant social values--an "heirloom of great

psychological importance." Ultimately, however, the vote went against

retention of the county court and it was abolished. Its judicial

functions were assigned to the circuit court, and its legislative and

administrative functions were performed by the board of

supervisors.[112]

The disappearance of this political institution which had been the

focal point of Virginia's local government for almost 300 years,

marked the end of an era which reflected the tradition that public

affairs were best managed by the county's gentlemen freeholders. But

it did not immediately usher in as its successor an era of

professionalism and responsiveness to the wishes of the public.

Progress in these latter respects was postponed by slowness in

widening the suffrage and the opportunity to hold public office. In

this respect the Constitution of 1902 perpetuated the restrictive

system which had prevailed since 1875 by retaining the capitation tax

and the requirements of literacy and/or the ability to explain any

part of the constitution.

The beginning of the twentieth century also marked the end of the

rebuilding years which had followed the Civil War. The simple struggle

for subsistence, which had been the foremost theme when scarcities

existed in all types of goods and the sources of capital were meager,

no longer was the overriding consideration. A measure of normalcy had,

by 1902, returned to life in Northern Virginia. And if the pace of

this style of life was not as vigorous or spectacular as in some other

areas of the nation at that time, it offered, at least, the

substantial attractions of a comfortable and secure rural setting with

ready access to the centers of commerce and culture in nearby

Washington, Alexandria, and Georgetown.

NOTES FOR CHAPTER V

[101] Hemphill, et al., _Cavalier Commonwealth_, p. 346.

[102] Samuel E. Morison and Henry S. Commager, _The Growth of the

American Republic_, (New York: Oxford, 1937), II, 37-41.

[103] Porter, _County Government_, p. 241.

[104] Walter L. Fleming, _The Sequel of Appomatox_, (New Haven: Yale

University, 1921), pp. 146-147.

[105] Explaining his action to General Grant, then supreme commander

of all the military districts, General Schofield stated that the

members of the Underwood Convention "could only hope to obtain office

by disqualifying everybody in the State who is capable of discharging

official duties, and all else to them was of comparatively slight

importance. Even the question of whether their constitution will be

ratified or rejected they treat with indifference. Congress, they say,

will make it all right anyway." Hemphill, et al., _Cavalier

Commonwealth_, p. 352.

[106] See Porter, _County Government_, pp. 243-246, 258-259, 293.

[107] The introduction of the township was probably due to the fact

that a number of New Yorkers participated in the convention. Townships

had never been part of the tradition of Virginia's local government.

[108] Virginia, Laws of 1874-75, c. 270.

[109] Porter, _County Government_, pp. 249, 271; _Code of Virginia_

(1950 Edn.) Title 33, c. 1.

[110] Porter, _County Government_, pp. 258-59, 289.

[111] _Ibid._, p. 177.

[112] Ralph McDanel, _The Virginia Constitutional Convention of

1891-92_, (Baltimore: Johns Hopkins University Press, 1928), p. 103,

reports that R. Walton Moore was one of Fairfax County's delegation to

the convention, and that he argued strongly for the social values of

retaining the court. The motion to retain the monthly county court was

defeated, however, by a vote of 41 to 19.

[Illustration: The dedication of the Marr Monument in 1904. Copy by

Lee Hubbard.]

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