West Virginia. Dept. of Archives and History.

Biennial report of the Department of Archives and History of the State of West Virginia (Volume 2) online

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the first military headquarters of Colonel Washington in 1754; the
scene of the landing of Braddock's ill-fated Army in 1755; and
had been incorporated in 1784. The streets were laid out on the
plan of those of Philadelphia — crossing each other at right-angles.
On every hand were verdant hills ; the broad expanse of the Potomac
spread out far and wide ; while to the north might be seen thfi
National Capitol with its beautiful columns, white walls and tower-
ing dome, forming a most conspicuous object. It was governed
at this time by a Mayor and a Common Council of sixteen members.
It was to this city that Governor Pierpont removed the archives
and paraphanalia of the Kestored Government.

It was a remarkable removal of a Government. Daniel Polsley,
its Lieutenant-Governor. Henry J. Samuels, its Adjutant-General,
Samuel Crane, its Auditor of Public Accounts, Campbell Tarr,
its Treasurer, and James S. Wheat, its Attorney-General, all
resigned when the time for removal came, and Governor Pierpont
left with but two members — Lucian A. Hagans, his Secretary of the
Commonwealth, and Lewis AY. Webb, who had been appointed Audi-
tor — of his official family, proceeded to Alexandria. There a

1908] The Restored Government of Virginia. 183

brick building, in which are now the offices of the Alexandria "Water
and Light Company, was occupied and this became the State House
of the Restored Government. There he filled vacancies by appoint-
ment. Leopold C. P. Cowper was made Lieutenant-Governor and
a Mr. Smith, Treasurer of the Commonwealth. On the 23d day
of May preceding Governor Pierpont had been re-elected for the
full term of four years beginning January 1, 1864. At the same
time members of the General Assembly were chosen in that part
of Virginia outside of "West Virginia which gave adherance to the
Restored Government, or rather that part which was under control
of the Federal Armies. These members thus chosen, constituted the
Second General Assembly under the Restored Government. The
first session with membership and organization, was as follows:



Accomac and Northampton . . . .James H. Kellam* and Samuel W. Powell.*

Alexandria and Fairfax Thomas P. Brown.**

Loudoun W. F. Mercier.

Norfolk City C. H. Whitehurst.

Hampton District T. S. Tennis.

Norfolk and Princess Anne Counties F. W. Lemosy.

Leopold C. P. Cowper, Lieutenant-Governor. .President.
Frederick A. Augustien, of Fairfax County. .Clerk.

Charles H. Lewis Engrossing Clerk.

Eben E. Mason, until December 7, 186 j; then

Samuel Davis Sergeant-at-arms.

William Hough, until December 12, 186Jf then

John J. Cole Doorkeeper.

Frank Lewis Page.

Larkin Patton Custodian of Senate Chamber


Accomac — William H. Gibbons and
Thomas H. Kellam. f

Northampton — John R. Birch.

Portsmouth City — James W Brown-

Prince William — Enoch Haislip.

Norfolk County — Richard E. Nash.

Alexandria — Allen C. K'armon and

Reuben Johnston.
Norfolk City — Andrew L. Hill.
Loudoun — J. Madison Downey and

J. J. Henshaw.
Elisabeth City County — Robert B.

Fairfax — Job J. Hawxhurst.

*S'amuel W. Powell successfully contested the seat of Thomas II. Kellam, and
took his seat. January 20. 1864.

**The seat of Thomas P. Brown was unsuccessfully contested by .Tames S. Purdy.
tThomas H. Kellam. one of the members from Accomac, who had been un-
seated in the Senate, by Samuel W. Powell, January 2'». 1864, appeared as a mem-
ber of the House, December 5, ]865.

184 Archives and History. [W. Va.

J. Madison Downey, of Loudoun County. .Speaker.

George Tucker Clerk.

Talmadge Thome Sergeant-at-arms.

Daniel W. Lewis First Doorkeeper.

Joseph Golton Second Doorkeeper.

Fra?iklin Watkins Page.

Larkin Patton Custodian of Hall of House of Del-

Both Houses received the message of Governor Pierpont. In this
he briefly reviewed the history of the Restored Government while
Wheeling was its capital city. Among other recommendations he
strongly urged the calling of a convention to frame a new Con-
stitution for the Commonwealth. A Bill called the "Convention
Bill No. 9," providing for this was prepared and enacted into a

January 24, 18G4, Resolutions on the Death of Edward Everett,
were adopted, at the time of his death, and Governor Pierpont
was directed to transmit copies thereof to the Governor of Mass-

On February 5, 1864, the two branches of the General Assembly
convened in joint session for the election of State officers. Samu 1
W. Powell nominated Lucian A. Hagans, the present incumbent
for Secretary of the Commonwealth. The total vote was sixteen —
six in the Senate, and ten in the House. Hagans received all of
them, and was declared unanimously elected. C. H. Whitehurst
nominated Lewis W. Webb, for Auditor of Public Accounts, there
was no opposition and he too was declared unanimously elected,
to that office. T. S. Tennis nominated W. F. Mercier for Trea-
surer of the Commonwealth; and Thomas P. Brown nomina!<'l
John J. Henshaw. The later was elected. The business of the ses-
sion was at last completed and the body adjourned.


ASSEMBLED FEBRUARY 13, 1864," ADJOURNED Silie die APRIL 11, 1864.


J' comae County — William H. Dix.

Ac comac-Xorthampton Senatorial
District — Arthur Watson.

Alexandria County — Walter L.

Alexandria-Fairfax Senatorial Dis-
trict — S. Ferguson Beach.

Elizabeth City County — Robert B.

Fairfax County — John Hawxhurst.
Loudoun County — John J. Henshaw,

James M. Downey and E. W.


190S] The Restored Government of Virginia. 185

Norfolk County — George R. Boush
and Philip G. Thomas.

Norfolk City — Lewis W. Webb.

Norfolk Senatorial District — Mor-
gan W. Wing.

Northampton County — William P.

Princess Anne County — John W.

Princess Anne and Portsmouth

Senatorial District — LeRoy G.

York, Warwicke, Charles City, and

Neio Kent Counties, and City of

Williamsburg — T. S. Tennis.

LeRoy G. Edwards President.

W. G. Cowing Secretary.

In compliance with the Act of Assembly recently enacted this
Convention framed a New Constitution for the Commonwealth.
Section 27, of Article IV. read as follows: "The General Assembly
shall provide by law for adjusting with the State of West Virginia
the proportion of the public debt of Virginia, proper to be borne
by the States of Virginia and of West Virginia respectively, and
may authorize, in conjunction with the State of West Virginia,
the sale of all lands and property of every description, including
all stocks and other interests owned and held by the state of Vir-
ginia in banks, works of internal improvement, and other companies
at the time of the formation of the State of West Virginia.

It shall not provide for the payment of any debt or obligation
created in the name of the State of Virginia by the usurped and
pretended State authorities at Richmond."

It will be seen that the small number of delegates to this Conven-
tion was due to the fact that after West Virginia had been formed,
by far the greater part of Virginia was still within the Confederate

On the 7th of April the Constitution was adopted by the Con-
vention ; but it was not ratified by the people ; it was never sub-
mitted to them for ratification.

Governor Pierpont writing of this Convention says: — "Objec-
tion has been raised to the proceedings of the Constitutional Con-
vention of Virginia under the Restored Government, on two
grounds —

1st. — That the number constituting the Convention was too small.

2d. — That the convention did not submit its action to the people
for ratification or rejection. The answer to the first objection is
that all were represented which were in the Federal lines. More
than one-tenth of the State was represented. The answer to the
second is that it was wholly useless to submit the Constitution thus
amended to the people for ratification or rejection. Suppose there

186 Archives and History. [W. Va.

was only one-eighth of the State represented; the adoption of the
Constitution by that eighth would be no expression of opinion of
the other seven-eighths. No person is so silly as to maintain that
the adoption or rejection of the Constitution by one-eighth thus by the Convention would have been any expression of public
sentiment in the State.'' (See 'Calendar of Virginia State Papers.'
Vol. XL pp. 356, 357.)

Second Session of this General Assembly Convened at Alex-

Assembled December 5, 1864; Adjourned March 7, 1865.

The organization effected at the preceding session was continued.
Governor Pierpont, having been informed by a committee that the
Assembly awaited his pleasure, immediately transmitted his mes-
sage, thereby adding another remarkable Document to the long
list of the calendar of Virginia State Papers. In it he said :' ' The
condition of the Commonwealth, as far as I can learn, is deplorable
indeed. The fires of Civil War have lighted nearly every neigh-
borhood in three-fourths of it." He proceeded to detail the diffi-
culty of reorganizing the counties then under Federal control be-
cause of the hostility of General Butler, commandant of the Mili-
tary District of Virginia and North Carolina.

December 8, 1864, the two Houses met in Joint Session for the
purpose of electing a United States Senator to succeed the late
Hon. Lemuel J. Bowden, deceased; and another as the successor
of Hon. John S. Carlile, whose term would expire March 4, 1865.
The House of Delegates presented the names of Joseph Segar, of
Elizabeth City, and John Underwood, of Alexandria; the Senate
those of Lewis McKenzie of Alexandria, and S. Ferguson Beach.
The whole number of votes cast was sixteen, of which Segar re-
ceived eleven, and was declared elected to succeed Lemuel J.
Bowden, as United States Senator. December 9th the two Houses
assembled in Joint Session to elect a successor of John S. Carlile.
the present incumbent, to serve six years from the 4th clay oT
March, 1865. Whole number of votes cast was sixteen, necessary to
a choice, nine ; John C. Underwood received twelve and was elected.
Neither were ever admitted to seats in the Senate.

Another year had passed away and the joint Assembly proceeded
to elect an Auditor of Public Accounts, and a Treasurer of tha
Commonwealth. For the office of Auditor, John W. Kelley received
two votes and Lewis W. Webb thirteen votes; he was declared

General David Hunteb Stkother.
Born at Martinsburg, Berkeley County, AVest Virginia, September 26,
1816; Died at Cbarles Town, Jefferson County, March S, 18SS. Served in
Federal army during the Civil War; was on the staff of General John
Pope in 3 862, when the above picture was sketched from life by Joseph
H. Diss Debar. Later, in 1865, he served as Adjutant-General under
Governor Pierpont when the Seat of the Restored Government was re-
moved from Alexandria to Richmond. Formerly, he was artistic and liter-
ary contributor to "Harper's Monthly" under the nom-de-plume of "Port
Cravon." His literary fame is almost world-wide.

1908] The Restored Government of Virginia. 187

elected. For Treasurer: James P. Barlow received five votes and
Warren W. Wing received eleven votes and was declared elected.
Tuesday March 7, 1865 the Assembly finished its Second Regular
Session and adjourned never to meet again at Alexandria.


February 25 1865, the following "Joint Resolution to authorize
the Removal of the Seat of Government;" was reported, as follows:

"Resolved by the Senate and House of Delegates of Virginia,
That the Governor of this Commonwealth be, and is hereby author-
ized to change the seat of Government of this State to Norfolk, or
any other convenient place in this State, whenever in his opinion,
the interests of the State would be promoted by such removal.
Provided, however, that nothing in this resolution shall be (so)
construed as to authorize the location or detention of the seat of
Government, at any other place than the city or Richmond, when
the city of Richmond can be safely occupied as the Seat of Govern-
ment of the State."

Acting under this resolution Governor Pierpont. May 25, 1865,
removed the capital of the Restored Government to Richmond, the
recent capital of Virginia, and of the late Confederate Government.
He was immediately waited upon by representative citzens from
every portion of the State, and listened attentively to them and
took counsel with them in their misfortunes. In response to his
inquires he learned that but a few in any county, of none in some,
could hold office because of the disqualification imposed upon them
by the Alexandria Constitution for the participancy in the southern
side of the War between the States. With the removal of the
seat of the Restored Government to Richmond, th personnel of the
Restored Government was again almost entirely changed. Lucia n
A. Hagans, the Secretary of the Commonwealth, had resigned an :1
returned to his home in Preston county, West Virginia, and his
successor was Charles H. Lewis. The Auditor of Public Accounts,
Lewis W. Webb, had been succeeded by William F. Taylor; and
Francis J. Smith was now Treasurer of the Commonwealth, instead
of Warren J. Wing, who had served in that capacity the preceding
year at Alexandria. David H. Strother of Martinsburg, West.
Virginia, "Port Crayon" of Harper's Weekly, author of "The
Virginia Canaan." and who had risen to the rank of Brigadier-
General in the Federal Army, was Adjutant-General. Governor
Pierpont at once sent him in person to all counties that had repre-

1SS Archives ani> History. [W. Va.

sentatives in the General Assembly at Alexandria, summoning them
to Richmond, in 1865, their legal terms ending July 1st ensuing.
They met in the Governor's Reception Room. There the Governor
informed them that without the repeal of the disfranchisement laws,
he could not reconstruct the State, as there were no persons to vote :
that they had the power to remove this disability, and that if they
•would agree to do so, he would call them in extra session. They
assented. The extra session was called and the third session of the
second Assembly convened in Richmond. Because of its historical
signification the rolls of membership and organization is given as
follows :



(length of session five days.)


Accomac and Northampton Sam W. Powell.

Loudoun F. W. Mercier.

Norfolk City C. H. Whitehurst.

Norfolk and Princess Anne Counties F. W. Lemosy.

Hampton Senatorial District T. S. Dennis.

Leopold C. P. Cowper, Lieutenant-Governor . .President

R. F. Walker, Richmond City Clerk.

F. V. Sutton Sergeant-at-arms.

Miles C. Eggleston, Henrica County Doorkeeper.

Alfred Thornton Custodian of Senate Chamber.


Accomac County — Wm. H. Gibbons

and Thomas E\ Kellam.
Alexandria — Allen C. Harmon and

Reuben Johnston.
Northampton — John R. Birch.
Prince William Co. — Enoch Hais-


Norfolk — Andrew L. Hill.
Loudoun — J. Madison Downey, and

John J. Henshaw.
Elizabeth City — Robert Wood.
Fairfax — Job J. Hawxhurst.

J. Madison Downey Speaker.

P. H. Gibbon, Richmond City, vice George Tucker, re-
signed Clerk.

Thomas L. Kendall, Northampton County Sergeant-at-arms.

Robert Somerville Page.

Alfred Thornton Custodian, Hall House of Delegates.

This body, in five days, removed the disability to vote and by
resolution, the next General Assembly was given continued author-
ity to remove the disqualification to hold office. "With the fund

1908] The Restored Government of Virginia. 189

in the Treasury of the Alexandria Government appropriated by
the Assembly, Governor Pierpont rehabilated the Western Lunatic
Asylum, and the institution for the Deaf, Dumb and Blind at
Staunton; and the Eastern Asylum at Williamsburg, all of which
institutions were destitute of supplies. Dr. R. A. Brock ,the dis-
tinguished Virginia historian, writing in 1882 of the administration
of Governor Pierpont at Richmond; says: "He also found, upon his
arrival in Richmond, the United States Marshall busy libeling the
property of the late Confederates for confiscation. A few days
afterward, President Johnson issued a proclamation confiscating the
estates of certain classes unless pardoned. It was stipulated that
all petitions should be recommended by the governor. He soon pre-
ceived that the the President was temporizing, and was led to appre
hend that the "Pardon Mill" was a force at leastfi if no worse. He
accordingly determined to recommend all petitions offered him. He
next protested to the Attorney- General against the further iniquity
of libeling property which it was never designed to confiscate, and
which only entailed grevious expense on the owners. His protest
was effective. He next interposed for the suppression of the class
of pardon-broker harpies, who obstructed the due course of the
Executive clemency as provided. He refused to recommend any
petition which would pass into the hands of a broker, and this de-
armed these repacious thieves. He next interposed for the relief
of citizens who were under civil indictment for offences which were
within the province of military authority and recommended leniency
and conciliation to the courts." He also appointed, upon the
recommendation of those duly interested, efficient regents for the
University of Virginia, and for the Virginia Military Institute,
without reference to party affiliation. See "Eminent Virginians."
R. A. Brock, p. 386.

Governor Pierpont continued in office beyond the period of his
term, which expired January 1, 1868, and held until April 16,, en-
suing when he was succeeded by General Henry H. Wells appointed
provisional Governor by General John M. Schofield, commanding
the Military Department of Virginia. He retired to private life,
his home being at Fairmont, Mason county, West Virginia. It was
his boast that in the whole history of the Restored Government,
but a single alteration had been made in the Constitution of Vir-
ginia, and that was to reduce the number of members in each branch
of the General Assembly necessary to constitute a quorum to do
business. The name of Francis H. Pierpont will long be an honored
one on the pages of the history of the Virginias.

190 Archives asd History. [W. Va.


(From Wheeling to Richmond.)

The following statement is prepared from the Reports of the
several Auditors of Public Accounts, under the Restored Govern-
ment and submitted annually to Governor Pierpont, at the close
of the fiscal years.


Hancock County, from Taxes and Licenses $ 4,664. 83

Brooke County, from Texas and Licenses $ 4, 664. S3

Ohio County, from Taxes and Licenses 27,220. SO

Marshall County, from Taxes and Licenses 10,662.19

Wetzel County, from Taxes and Licenses 1,687. 13

Tyler County, from Taxes and Licenses 2,140. 00

Wood County, from Taxes and Licenses 6,341. 13

Doddridge County, from Taxes and Licenses 874. 25

Harrison County, from Taxes and Licenses • S50.00

Preston County, from Taxes and Licenses 1,000. 00

Monongalia County, from Taxes and Licenses 320. 00

E. M. Morton, loan to Commonwealth 500. 00

Amoun: of F. H. Pierpont's Check, Northwestern Bank 3,008.83

From the Lunatic Asylum west of the Allegheny Mountains 27,000.00

From the Federal Government, Virginia's distributable share of the

sale of Public Lands, Act of Congress, 1841 44,857. 13

Savings Banks of the citv of Wheeling 117.73

Notarv Public of the city of Wheeling 51. 30

Hemp'fleld Railroad 75. 51

Foreign Insurance Companies 62. 07

Making in all $13S,054. 13

Expended to September 30, 1801 57,69S. 29

Balance in Treasury Oct. 1, 1861 $80,355. 84

For the Fiscal Year ending Sept. 30, 1862, the Receipts were $205,251.80

Balance in Treasury Oct. 1, 1861 80,355.84

Making a total of $285,607. 84

Expended to Sept. 30, 1862 165,460. 17

Leaving in Treasury Oct. 1. 1S62 $120,146.67

For the period from Oct. 1, 1862, to June 19, 1863, receipts were. . . $ 2 -jM'™"Ai

Balance in Treasury Oct. 1, 186'2 120,159.01

Making a total of $372,688.72

Expended from Oct. 1, 1S62. to June 19, 1863 $ lo-'o2o'no

Leaving a balance in Treasury, June 20, 1862 225,280. 03

Appropriation to West Virginia by Restored Government, Feb. 4, 1863 lo0,0OO.ou
Appropriation to West Virginia by Restored Government, Feb. 4,

1863, of all balance not otherwise appropriated 25,000.00

By balance due of said appropriation. $20,771.46 Hnn'lla'in

Balance in Treasury June 20, 1863 $29,508. o7

Receipts from June 20, 1863, to Oct. 1, 1863 $8,263. 02

Balance brought forward -9,5U». ot

Making a total of $37,771 . 59

Expended from June 20, 1863. to Oct. 1, 1863 HJ^^

Leaving balance in Treasury Oct. 1, 1863 c^V'roA" oo

Receipts from Oct. 1, 1S63, to Sept. 30, 1864 $1 2£'£H!H2

Balance in Treasury Oct. 1, 1863 6u,Mi.bO

Making a total of $138,157. 92

Expended from Oct 1, 1S63. to Sept. 30, 1S64 71,861.13

Leaving balance in Treasury Oct. 1, 1864 $06,296. 79

Receipts from Oct. 1. 1S64. to Sept. 30. 1805 '^S'SSl'wi

Balance in Treasury Oct. 1, 1864 66,296.79

Making a total of ?1 2Hoi" ?2

Expended from Oct. 1, 1864, to Sept. 30, 1S65 9o,2.,o. 1 (>

Leaving balance in Treasury Oct. 1, 1S65 $98,083. 73


Historical Data Relating to the Formation of West Virginia.

For full thirty years before the Civil War, State division had
been a theme of earnest discussion throughout the trans-Allegheny
Region — now West Virginia. It was the existencee of the Restored
Government at the head of which was Governor Pierpont, that
made this possible. The Wood county delegates came to the First
Wheeling Convention — May 13, 1861 — with banners and trans-
parencies bearing the legend, "New Virginia, now or never," and
this became a rallying cry in that body. The ninth Resolution in
the series which it adopted was as follows:

Resolved, — "That in as much as it is a conceded political axiom, that govern-
ment is founded on the consent of the governed and -instituted for their good, and
it cannot be denied that the course pursued by the ruling power in the State is
utterly subversive and destructive of our interests, we believe we may rightfully and
successfully appeal to the proper authorities of Virginia, to permit us peacefully and
lawfully to separate from the residue of the State, and form ourselves into a gov-
ernment to give effect to the wishes, views, and interests of our constituents."

In the second Wheeling Convention which assembled June
11, 1861, the thought uppermost in the minds of the delegates, was
that of a New State west of the Alleghenies, "New Virginia and
the Union" was now the rallying cry and the movement to secure
this was afterward strongly supported by the officials of the Re-
stored Government.

On the 7th of August, 1861, the President, Arthur I Boreman,
in compliance with a resolution of James G. West of Wetzel County,
appointed a "Committee on a division of the State.'' It was com-
posed of James G. West of Wetzel County; Wm. L. Crawford, of
Hancock County; John D. Nicholas, of Brooke County; Andrew
Wilson of Ohio County; James H. Burley, of Marshall County;
Daniel D. Johnson, of Tyler County; Chapman J. Stuart, of
Doddridge County; James W. Williamson, of Pleasants County;
Wm. Douglas, of Ritchie County ; Peter G. Van Winkle, of Wood
County; Andrew Flesher, of Jackson County; Lewis Wetzel, of
Mason County; Wm. W. Brumfield of Wayne County; Leroy

192 Archives and History. [W. Va.

Kramer, of Monongalia County ; John S. Barnes, of Marion County ;
Thomas Gather, of Taylor County; William B. Zinn, of Preston
County; Solomon Parsons, of Tucker County; Samuel Crane, oh'
Randolph County ; D. M. Myers of Barbour County ; John L.
Smith, of Upshur County; J. A. J. Lightburn, of Lewis County;
Henry H. Withers, of Gilmer County; John J. Davis, of Harrison
County; E. T. Graham, of Wirt County; Greenbury Slack, oi*
Kanawha County ; James H. Trout, of Hampshire County ; John
Hawxhurst. of Fairfax County; and Gilbert S. Miner, of Alex-
andria County.

On the 13th of August ensuing, this Committee reported "An

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