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tion being substantially closed by the direct action of the people themselves, without intervention of any of the forms of diplomacy. And there is good reason to believe that but for the atrocious murder of President Lincoln, and the exasperated feeling caused by it, the terms of permanent and satisfactory peace could have been adjusted at an early day. That deplorable event, and the subsequent quarrels between Congress and President Johnson, rendered it impossible to make any further movement for restoration during his ill-starred administration.

"It may be fairly inferred from the following letter, which was addressed to me by Governor William Smith, dated 27th of February, 1880, that in the light of subsequent events he had seen cause to change his opinion as to the wisdom of the meeting of the people of Augusta on the 8th of May, 1865. He wrote as follows:

Hon. A. H. H. Stuart.

Warrenton, February 27, 1880.

My dear Sir: I have your very satisfactory favor of the 25th instant, but am sorry to have again to trouble you, but I should be very glad to have a copy of the proceeding of your meeting of the 8th of May, 1865, as I may wish to publish it.

When I left Richmond the night of the 2d of April, 1865, it was with the firm resolve to do everything in my power still to change the current of our disasters. With that view, I declined President Davis's invitation to accompany him the night of the evacuation. With that view, I ordered the Capitol Officers, the Public Guard, and the State Cadets to report to me at Lynchburg, etc. And when they failed to do so, it was with this view that I followed President Davis to Greensboro, North Carolina, to obtain from him a transfer to me of all his authority, etc., in Virginia. And when, most strangely, after a full explanation of my plans and purposes, he refused my request, it was still with the same view, desperate as was the prospect, that I felt it to be my duty to collect public sentiment in every way I could, travel

ing many a weary mile, and finally reaching your town on the 7th May, 1865, the time you state, and no doubt correctly, to know if the people were willing, in any form, to prosecute the war or quietly submit. I soon inferred from what passed during the evening I was with you and friends that your great county was hopeless, and that all further struggles were useless, etc. Now, I want your proceedings of the next day, because they were the first embodiment of such sentiments by so important a portion of the people, etc. I shall be glad to get your educational report.

Yours very truly,

WILLIAM SMITH.

"This closes my narrative of the events of 1865. It shows what had been done towards restoration. The war had ceased, and the rights of person and property were comparatively safe. Anarchy had been averted. But much still remained to be done to secure the full measure of the civil and political rights of Virginia as one of the members of the Federal Union. The time for action on this subject, however, had not yet come. Prudence admonished the people to wait patiently, to watch vigilantly the development of events, and to seize promptly and boldly the first opportunity for action that offered a chance of success. All knew that while a great and good work had been done in re-establishing peace and social order, a much more important onethe restoration of Virginia to her rights in the Unionremained to be accomplished at a later day."

On March 3rd, 1865, a joint resolution was passed by the Alexandria Legislature authorizing the Governor to change the seat of the government of the State to Norfolk, or other convenient place in the State, whenever in his opinion the interest of the State would be promoted by doing so, but it was expressly provided that the permanent seat of the government should be the city of Richmond when it could be safely occupied.

1Restoration of Virginia to the Union, Alex H. H. Stuart, page 4, Appendix, II.

President Johnson, on May 9th, 1865, issued an order declaring all the acts of the Richmond Government during the time when Letcher and Smith were the Governors of the State null and void, and that any person who should attempt to exercise any authority by virtue of said Government since the 17th day of April, 1861, should be deemed and taken as in rebellion against the United States; and the "restored government," with Francis H. Pierpont, Governor, was recognized as the legal government of Virginia.2

2Munford, Code of Virginia, 1873, p. 23.

CHAPTER XXIX

SEAT OF THE RESTORED GOVERNMENT MOVED TO RICH-
MOND MR. STUART ELECTED TO CONGRESS IN
OCTOBER, 1865-NOT ALLOWED TO TAKE
HIS SEAT

[graphic]

IN ACCORDANCE with the authority conferred upon him by the Alexandria Legislature, Governor Pierpont, on May 23rd, 1865, transferred the seat of the State Government to Richmond, and the most important business that confronted him was the reorganization of the Government. The Alexandria Legislature was composed of members from a very small number of the counties, and its legal term expired on July 1st, 1865. The Alexandria Constitution required an oath of all voters to the effect that they had not since the first day of January, 1864, voluntarily given aid or assistance, in any way, to those in rebellion against the Government of the United States for the purpose of promoting the same; and this oath practically disfranchised all the white people in the State. The Governor was visited by leading citizens from various parts of the State, who called his attention to this condition of affairs; they stated, however, that the Constitution provided the means by which the Legislature could restore to voters who had been disfranchised the right

to vote.

Dr. R. A. Brock in "Virginia and Virginians," Vol. 1, page 240, says:

"In response to his inquiries he learned that but few in any county, and in some none, could vote or hold office because of this disqualification imposed by the Alexandria Constitution for participancy in the rebellion. He at once sent his Adjutant-General personally to all the counties that

had elected delegates to the Alexandria Legislature, summoning to Richmond the members whose legal term expired on the 1st of July. They attended in June, and met in the gubernatorial reception room. The Governor explained to them that without the removal of the disfranchisement he could not reconstruct the State, as there was nobody to vote; that they had the power to remove the disability, and that if they would agree to do so, he would call them in extra session at once. They assented. The extra session was called, the disability to vote was removed, and a resolution was passed giving the next legislature conventional authority to remove the disqualification to hold office."

The extra session of the Legislature met on June 19th, 1865, and adjourned on the 23rd of the same month. It was composed of three senators and nine members of the House of Delegates. Only fourteen acts were passed and three joint resolutions. The first act provided for submitting to the qualified voters of the State the question of amending the third article of the Alexandria Constitution so as to remove the disqualification to hold office, and an act was also passed prescribing a modified oath by means of which persons who had been disfranchised might be restored. to the rights of voters. On the 22nd an act was passed fixing the second Thursday in October-the 12th-for elections to be held in the several congressional districts for representatives in the Congress of the United States, and in the several counties and corporations, in which such elections had not already been held, for members of the General Assembly.

At this election the Alexandria Constitution was amended so as to allow those who had aided the Confederacy to hold office, and, as already stated, the extra session of the Legislature, held in June, had so modified the oath required of voters as to permit the same class of citizens to vote. At the same time members of the General Assembly were chosen, and also members of the House of Representatives

History of Virginia (Morton) page 77. Annals of Augusta County, (Waddell), page 573.

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