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.
