The History of the City of Fredericksburg, Virginia Part 9

FREDERICKSBURG AGAIN UNDER THE STARS AND STRIPES.

The first news of General Lee's surrender received at Fredericksburg came from soldiers returning to their desolated homes, and with the sad tidings came also the feeling that the fate of the Confederacy was sealed. The population of Fredericksburg at this time had been increased by the presence of strangers and adventurers. The trade of the town was conducted, to a considerable extent, by those who were not permanent residents of the town, and there was but little population, business or general appearance to remind one of the Fredericksburg of other days.

But what a change in other respects had come over the town as to its character and condition! For four years it had been a part of the Southern Confederacy, and its devotion to the Southern cause had been demonstrated time and again by its sacrifices, sufferings for and contributions to that cause. Now the collapse of the Confederacy had come and the town was again a part of the United States and subject to its laws. The question was what shall be done to place the town in its proper position, and who shall take that action? That was the question.

After a conference of the leading citizens of the town it was decided that the Council was the only body that could represent the people, and that it should be convened to take such steps as might be suggested by the proper authorities. This step was deferred, however, until the 27th of April, when it was known the Confederate government had ceased to exist, on which day the Council was convened, the following members being present: M.

Slaughter, Mayor; Wm. A. Little, Recorder; Charles Herndon, George Gravatt, Joseph W. Sener, Horace B. Hall, Wm. H. Cunningham, Charles S.

Scott, Beverley T. Gill. John G. Hurkamp, James McGuire, John J. Young, Thomas F. Knox, Councilmen. The following paper was submitted and unanimously adopted:

"Whereas, this community finds itself, after four years of disturbing war, all of whose evils and sacrifices they have been called upon to endure, subject to the laws of the United States, and under the control of its authority;

And whereas, they are satisfied that the war is at an end, and that their interests and duty alike require that they should recognize the situation and submit to said authority and laws, and, as quiet and orderly citizens, acknowledge the powers that be, and endeavor to preserve that character of a law abiding and peaceable community, which it has been their purpose to maintain;

And whereas further, it is deemed proper that this community should, through their const.i.tuted representatives, give expression at this time to those views and communicate the same to the United States authorities, therefore resolved--

1. That M. Slaughter, Esq., Mayor, be, and he is, hereby appointed a Commissioner to proceed to Richmond and present a copy of these proceedings through General M. R. Patrick to said authority.

2. Trusting that as the community and State is in no way responsible for the causes which led to the revolution and have already suffered so seriously during its progress, a magnanimous government will be satisfied with the restoration of its authority, and adopt towards us the policy of leniency and reconciliation which will tend with the people of Virginia to restore friendly relations, soften the asperities and heal the wounds of the past, and enable us to resume our former position as peaceful and prosperous citizens of Virginia and the United States.

Resolved, That the crime of a.s.sa.s.sination, which has so recently deprived the United States of its President,[44] has, in all ages and countries, received the unqualified detestation of all honorable and civilized communities, and that the perpetrator of this crime deserves the utmost punishment of the law and the condemnation of all upright men."[45]

This action of the Council was Fredericksburg's declaration of her allegiance to the United States, and made her a part of the Union, so far as that action could make her. She had pa.s.sed through the fiery furnace of suffering and sacrifice since Virginia had withdrawn from the Union, but she hesitated to take any action by which her loyalty and devotion to the Confederate States could be questioned, and declined to take any steps transferring her allegiance to the Union until she knew that the Confederate government had disbanded and ceased to exist.

[Ill.u.s.tration: Marye's Heights and section of old Stone Wall. These heights were crowded with artillery in the battle of December 13, 1862.

(See page 91)]

[Ill.u.s.tration: Office of Trustees of the Town from 1727 to 1781; constructed into a residence. (See page 153.)]

Fredericksburg had suffered as no other town in the South had suffered and had sacrificed her all, yet instead of complaining she showed herself grand in her sufferings and glorious in her sacrifices. There cl.u.s.tered around her hallowed memories, grand historic events, individual achievements, that, with her war record, imparted to her a beauty and n.o.bility of character that made her sublime even in her desolation.

As time progressed population increased. The old citizens who had refugeed returned to their homes; young and middle-aged men, who had faithfully served their country in the army, exchanged their weapons of war for the implements of peace, and business began to a.s.sume its legitimate channels and the old town was well nigh restored to its wonted activity and prosperity. The census of 1870, very imperfectly taken, gave Fredericksburg at that time a population of about four thousand inhabitants.

RECONSTRUCTION COMMENCED.

_Virginia Military District No. 1_

The period in Virginia known as Reconstruction, extending from the cessation of hostilities, in 1865, to the first day of July, 1870, when the officers, elected under the new const.i.tution, a.s.sumed their places and performed their duties, free of military restraint, was one of deep humiliation to the people of Virginia, and especially to the citizens of Fredericksburg. Just after the close of the war Virginia appears to have been neither a State nor a territory, but was declared to be Military District No. 1, and United States army officers were placed in authority over her affairs, civil as well as military. It is true that soon after the order proclaiming Virginia a military district a provisional governor was appointed by the authorities, but he was dominated by the military in his administration of affairs of State, and was powerless, it appears, to do anything in his office as Governor not sanctioned and approved by the commanding military officer.

While the town was in the hands of the civil authorities--the Mayor and Common Council, elected at the last election held before the close of the war--it was only nominally so. They were powerless to do anything unless it met the approval of the military authority. This was plainly shown by a communication received from Brigadier-General T. M. Harris, commanding, on the first day of August, 1865, addressed to the Mayor. In that communication General Harris said:

"The sanitary condition of your town will, of course, claim the first and earnest attention of your Council. I am desirous of cooperating, so far as I am able, in this matter and desire the cooperation of the city authorities in return. It will be indispensable to have labor, which cannot be procured without money. I would, therefore, suggest that you take into consideration the propriety of levying a small per capita and also property tax for this purpose."

Of course, under the condition of things, a suggestion from the General commanding was virtually an order, and it was so understood. Accordingly, on the 8th of August, the Common Council was convened by the Mayor, when General Harris's communication was laid before it, considered and the following tax levied:

"On all real and personal property, fifty cents on the one hundred dollars value; on moneys, solvent bonds and securities, except the bonds of the corporation, forty cents on the one hundred dollars value; on all capital invested or used in any manufacturing business or investment, used or employed in any trade or business, twenty-five cents on every one hundred dollars; on the moneys and personal property of joint-stock companies, forty cents on every one hundred dollars; on every white and colored male above twenty-one years of age, two dollars." The same tax was levied for 1867.

AN ELECTION SET ASIDE.

The munic.i.p.al government that found itself in possession of the town at the close of the war continued without any election, or any attempt to hold an election, until the Spring of 1867. At that time it seemed to be the opinion and desire of the Mayor and Common Council that an election should be held and that a full corps of officers for the town should be chosen. The only law under which the Council could act and order an election was the charter which was in force prior to the war and which prescribed that elections for Mayor and Common Council should be held on the third Monday in March of each year.

In accordance with this provision of the charter the Council ordered an election to be held on the 18th of March, 1867, for the election of a Mayor and Common Council, but the question of the qualification of voters having arisen, and the Council being unable to decide who were ent.i.tled to vote under the new order of things, referred the question to General John M. Scofield, who was then in command of Military District, No. 1.

General Scofield suspended the election "until the necessary preparations can be made to fully and fairly carry out the provisions of the act of Congress of March 3rd, 1867, concerning the elective franchise and the qualification of officers." On receipt of this order of suspension the Council pa.s.sed the following resolution:

"That in pursuance of said order, the election heretofore advertised to be held on Monday, the 18th instant, for Mayor and Common Councilmen, be and it is hereby suspended until further orders. And whereas, further, under General Orders No. 1, issued from the same headquarters, all officers under the existing provisional government of Virginia are continued in office for the present, this Council, in accordance with said orders, do hereby resolve that the persons at present, discharging the duties required by the charter of this corporation, be and they are hereby continued in their respective offices until further orders." And there was a peculiar significance in the word orders!

THE IRON-CLAD OATH.

In April, 1867, the famous order was issued from "Headquarters, Military District, No. 1, of the State of Virginia," requiring every officer in the Commonwealth, State, munic.i.p.al and county, to take the oath adopted by Congress in 1862, commonly called the test oath, and which was known through the South after the close of the war as the Iron-clad oath. This order affected every officer in the State, from the Governor down to the smallest officer, and it created quite a sensation. The oath was as follows:

"I, --------, of the county of -------- and State of --------, do solemnly swear that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel or encouragement to persons engaged in hostility thereto; that I have neither sought nor accepted, nor attempted to exercise the functions of any office whatsoever under any authority or pretended authority in hostility to the United States; that I have yielded no voluntary support to any authority, pretended authority or const.i.tution within the United States inimical thereto. So help me G.o.d!"

Fredericksburg had no officer serving at that time who could take such an oath. Some of the officers had, at some time during the war, been active partic.i.p.ants on the Confederate side, and those who were too far advanced in age to enter the army had sympathized with the Confederate cause and had otherwise aided it, therefore every officer, from Mayor down to policeman, was removed and their places supplied, in some few instances, by residents who took the required oath, but in most instances the appointees were strangers and citizens of Northern States, who had floated down South in search of some office at the hands of the military commander.

The venerable and efficient clerk of the courts, Mr. John James Chew, who had held the office for forty years, was removed and an inexperienced and inefficient stranger was installed in his place and given the keeping and custody of our court papers and records. Many of the appointees of the Common Council were men of that cla.s.s, and were therefore unable to conduct the affairs of the town, provide a revenue to meet the running expenses and pay the interest on the city bonds.

The Military Council was placed in possession of the city government in 1867, and conducted public affairs on the revenues brought in by the tax bill levied by their predecessors by permission of the commanding general.

In the latter part of 1867 the creditors of the town were demanding their money, and no money was in the treasury. They threatened suits to enforce payment of their dues, and in order to meet these obligations, on the 23rd of May, 1868, the Military Council pa.s.sed a tax bill levying a tax of one dollar and a quarter on the one hundred dollars value of all real and personal property, and on all males over twenty-one years of age a capitation tax of three dollars, but the Commissioner of Revenue never made up his tax books and the tax was never collected. This state of things continued through the year 1869; therefore, when the Common Council of the people's own choosing took charge of the city government on the first of July, 1870, under the provisions of the new State const.i.tution, they found munic.i.p.al affairs in a wretched condition.

THE NEW CHARTER FOR THE CITY.

The new charter for the town, granted under the new State const.i.tution, was pa.s.sed by the Legislature and approved by the Governor on the 23rd of March, 1871. It differed very much from the charter under which the town was governed before the war, both as to new offices provided for and the term of officers. The officers to be elected by the people were one Mayor, who should hold his office for two years; twelve Councilmen, who should hold for one year; but this was subsequently changed so that six Councilmen should be elected from each ward--the town having been divided into two wards--and they were to hold office for two years; one City Sergeant for a term of two years; one Commissioner of the Revenue for two years, which has since been changed to four years, and one City Treasurer for three years. Any person who was a qualified voter was eligible to any one of the offices named above, and when they were elected and qualified they were to "have the powers, perform the duties and be subject to the liabilities and responsibilities prescribed by the general laws" of the State.

They were not to enter upon their respective duties until they qualified before some person authorized to administer oaths, and, in addition to the oath of fidelity and the anti-duelling oath, each one had also to swear "that I recognize and accept the civil and political equality of all men before the law." This was another reminder to us that the "negroes were free," and was "intended as the lash to compel Southern courts to administer to them justice and to election officers to accord them all the privileges at the polls they were allowed."

The Mayor was to preside at the meetings of the Council, give the casting vote on questions before that body in case of a tie and act as a justice of the peace in civil and criminal matters arising in the corporation. He was to have control of the police of the town and appoint special police officers when he deemed it necessary; and, in addition to these duties, he was empowered to try all offences and controversies arising under the ordinances of the town, to impose fines and collect the same, saving to the parties the right of appeal when the matter in controversy exceeded the sum of ten dollars.

The Council was authorized to establish and regulate markets, to alter or improve streets, alleys, sidewalks and bridges, and keep the same in order; to provide for the lighting of streets, against accidents by fire; to establish fire companies, purchase engines, and to provide wells or cisterns for supplying water. It was authorized to prevent and punish, by reasonable fines, the practice of discharging fire-arms and running horses in the town; to license and regulate shows and other exhibitions, and tax them in such manner as may be expedient and lawful; to lay off public grounds and provide for and take care of public buildings, grounds and cemeteries; to conduct and distribute water into and through the town; to adopt rules for its own government and the transaction of its business. It was also to define the powers, prescribe the duties and fix the term of service and compensation of its own appointees, necessary for conducting the affairs of the town, not otherwise provided; to fix the salary of the Mayor and all other officers, but no compensation was to be allowed to any member of the Council unless he should act as clerk of the body. The Council was to make all such by-laws and regulations as it might deem necessary, consistent with the const.i.tution and laws of the State, for the good government of the town, and to enforce the same by reasonable fines and penalties, not exceeding for any one offence the sum of ten dollars.

The Council was authorized to provide a revenue for the town and appropriate the same, and for that purpose it was made the duty of the Commissioner of the Revenue to make an annual a.s.sessment of taxable persons and property within the town, such as should be taxable under the revenue laws of the State, including dogs and other animals running at large.

This was the release of the liberty-loving people of Fredericksburg from military bondage and misrule, signed, sealed and delivered, for which they rejoiced as did the captive Israelite of old as he again returned from bondage to his beloved native land.

CITIZENS AGAIN IN CONTROL.

_The Ante Bellum Debt of the Town._

Prior to the war the Council, by direction of the people, given through the ballot, had made large appropriations to public improvements, with a view of building up the town by retaining the trade of the surrounding country, which was threatened by other cities, and by drawing trade from other sections of the country that found markets elsewhere. From these improvements the hopes of the town were not realized. Some of them remained in an unfinished condition, while others had been rendered worthless by new lines of railroad that had diverted their business and rendered them worthless; yet, the debt owed by the town, by reason of these appropriations and other expenditures, amounted to $244,521.48.[46]

All this debt was hanging over the desolated town and not a dollar's worth of property to show for it.

In addition to this loss no provision had been made by former Councils to meet the interest on these bonds for the past four or five years, and suits had been brought and judgments obtained to enforce payment and other suits were threatened. Under judgments and executions obtained against the corporation, all property belonging to the town, available, was sold at public auction by the officer of the law. Even the chairs in the council chamber, in which the members of the Council sat to conduct the public business of the town, were sold by the constable at public outcry under execution. The members of the Council attended this sale and each one purchased his chair, and thereafter the members furnished their own seats at the council board, while they legislated for the public good, without fee or reward, other than the consciousness of duty n.o.bly done.

The Common Council that took charge of munic.i.p.al affairs in 1870 had many grave and difficult questions to meet and determine. Debts had acc.u.mulated against the city, while the taxable values had greatly diminished by the destruction of property during the war and the emanc.i.p.ation of the slaves.

A large portion of the inhabitants had recently returned home--the women and children from refugeeing and the men from the army--almost penniless, to find their homes in ruins or badly damaged and despoiled of what had been left in them. Nearly everybody had to commence life anew.