The inauguration of West Virginia as a new State left to him, as he assumed, the remainder of the old State; and the insignificance of the parts which are outside of the rebel lines, and consequently within his reach, certainly gives a somewhat farcical air to his dominion, and I suppose he, as well as I, has considered that it can be useful for little else than as a nucleus to add to. The Attorney-General needs only to be known to be relieved from all question as to loyalty and thorough devotion to the national cause, constantly restraining as he does my tendency to clemency for rebels and rebel sympathizers. But he is the law-officer of the Government, and a believer in the virtue of adhering to law.
Coming to the question itself, the military occupancy of Norfolk is a necessity with us. If you, as department commander, find the cleansing of the city necessary to prevent pestilence in your army; street-lights and a fire department necessary to prevent assassinations and incendiarism among your men and stores; wharfage necessary to land and ship men and supplies; a large pauperism, badly conducted at a needlessly large expense to the government; and find that all these things, or any of them, are not reasonably well attended to by the civil government, you rightfully may and must take them into your own hands. But you should do so on your own avowed judgment of a military necessity, and not seem to admit that there is no such necessity by taking a vote of the people on the question.
Nothing justifies the suspending of the civil by the military authority but military necessity; and of the existence of that necessity, the military commander, and not a popular vote, is to decide. And whatever is not within such necessity should be left undisturbed.
In your paper of February you fairly notified me that you contemplated taking a popular vote, and, if fault there be, it was my fault that I did not object then, which I probably should have done had I studied the subject as closely as I have since done. I now think you would better place whatever you feel is necessary to be done on this distinct ground of military necessity, openly discarding all reliance for what you do on any election. I also think you should so keep accounts as to show every item of money received and how expended.
The course here indicated does not touch the case when the military commander, finding no friendly civil government existing, may, under sanction or direction of the President, give assistance to the people to inaugurate one.[[208]]
On the same general subject the President one week later wrote General Butler this brief note:
I think you will find that the provost-marshal on the eastern shore has, as by your authority, issued an order, not for a meeting, but for an election. The order, printed in due form, was shown to me, but as I did not retain it, I cannot give you a copy. If the people, on their own motion, wish to hold a peaceful meeting, I suppose you need not hinder them.[[209]]
It has elsewhere been observed that a Legislature representing what remained of the restored government was chosen at the time of Mr. Pierpont’s election. This body, however, was but the merest shadow of the Assembly of that once proud Commonwealth. Seven Delegates responded to the roll call when the House convened in December, 1863. They adjourned from day to day and on the 9th of that month organized with eight members in the popular branch. Precisely how many Senators composed the upper House does not appear in any notice of their proceedings accessible to the writer; the aggregate number in both chambers, however, is said not to have exceeded 16.[[210]] This estimate is probably correct; for in the election, February 4, 1864, of a Secretary of State and a Treasurer the total vote on joint ballot was only 14.[[211]]
It is probable that neither Mr. Lincoln nor Governor Pierpont regarded this organization as anything more than a nucleus around which the loyal elements might rally. Both Congress and the military authorities, however, treated it with scant courtesy. It is not matter of surprise, therefore, that memorials were presented to the United States Senate petitioning for the substitution of a military for this feeble civil government. To offset this movement remonstrances from citizens of Alexandria and from citizens of Loudoun County were offered, January 17, 1865, by Senator Willey, of West Virginia. All the memorials of both classes were referred to the Committee on Territories.
By Mr. Willey credentials of Hon. Joseph Segar, Senator-elect from Virginia, were presented, February 17, 1865, to supply the vacancy caused by the death of Lemuel J. Bowden. Mr. Willey moved that the credentials be read and placed on the files, and that the oath of office be administered to Mr. Segar. The credentials were read and immediately after Mr. Sumner moved that the papers be referred to the Committee on the Judiciary. Senator Willey opposed the reference. The credentials, he believed, were proper on their face; they came to the Senate in due form under the seal of the State of Virginia. Mr. Segar was the accredited successor of Mr. Bowden, who died while a member of Congress. If Mr. Bowden was entitled to a seat his successor was likewise entitled if his credentials were regular and correct.