The Loyalty of James Kendall Hunter

James Kendall Hunter

James Kendall Hunter was born in Morgan County, Kentucky, about 1832. He was the son of Benjamin Franklin “Francis” Hunter, also known as “Captain Frank”, and his wife Elizabeth Drake. Both Francis Hunter and his wife were Virginians by birth and came to Kentucky via Tennessee. The family lived in Pike County, Kentucky for a few years before settling in Morgan County by 1830. Over the next 16 years, Francis Hunter amassed a wealth of property in form of land grants. Most of the 1,600 acres he was awarded was situated between and along the Open Fork and Middle Fork of Little Sandy River.

We do not have much information regarding the early years of James K. Hunter, his childhood, upbringing or education but it appears that he inherited his father’s sense of business. In 1850, he was still living with his parents, working as a laborer. Ten years later, James K. Hunter was a substantial land owner in his own right, listing $3800 real estate and $1660 personal property in the 1860 Morgan County Census. On January 20, 1859, ready to support a wife and family of his own, he married Mary “Polly Ann” Clevenger, the 14 year old daughter of Pleasant Clevenger and wife Margaret Hamilton, in Morgan County, Kentucky. This marriage lasted only a few months. In absence of records we are only able to speculate what happened to Mary but it is entirely possible that she died, perhaps from complications of pregnancy or childbirth.

James K. Hunter did not mourn the loss of Polly Ann for very long and soon was courting Edy Howard, the 17 year old daughter of Dyer Howard and Celia “Sealie” Adkins. There is no record for this marriage, but by June of 1860, James K. Hunter was living with his new wife Edy and four month old daughter Almarinda, in District One of Morgan County, near Gordon Ford in Horseshoe Bend of Licking River.

The following year, the dark clouds of war soon overshadowed Hunter’s happy home life. In early fall of 1861, James K. Hunter began raising a company of volunteers for the Confederate Army. James H. Morgan, a Morgan County resident who later had to flee from the rebels and live as a refugee in Greenup County, stated that, “about Oct 1, 1861 James Hunter, in Company with some others took affiants gun from him. Hunter was then in the Rebel service, & from the information I had was a Captain in the Rebel Army.” A good portion of Hunter’s men came from the Middle Fork District in Morgan County, KY. He was joined in his recruiting efforts by his brother-in-law Peter M. Fannin, husband of his sister Nancy.

On October 21, 1861, the company was enlisted in the Confederate service at West Liberty by Andrew Jackson May. Two days later, federal troops under General William "Bull" Nelson captured West Liberty and the Confederates were forced to beat a hasty retreat to Prestonsburg. It was here, on October 25, 1861, that James K. Hunter and his men were sworn into the service by Lt. R. B. Howard. His company became Co. B of the 5th KY Mounted Infantry, commanded by Colonel John S. Williams. Hunter was elected Captain, Henry T. Stanton, a young lawyer from Maysville , 1st Lieutenant, and both Joseph Adkins and Peter M. Fannin, 2nd Lieutenants.

The following month, after the Battle of Ivy Mountain on November 8, 1861, the Confederates retreated into Southwestern Virginia, while the 5th KY Infantry encamped at Pound Gap. After nearly a month, Confederate forces, including the 5th KY Infantry, under command of Brig. Gen. Humphrey Marshall, re-entered Eastern Kentucky and slowly proceeded down the Big Sandy Valley. By December 1861, a camp was set up at Hager Hill, in Johnson County, near Paintsville where more recruits were received and supplies were gathered. Captain James K. Hunter arranged to have 122 hogs driven to camp which he sold to the CS Government for a whopping $1,151.76 on January 4, 1862.

Receipt for $1,151.76 for 122 hogs

Less than a week later, on January 10, 1862, Marshall’s troops faced the Union forces under Colonel James A. Garfield at Middle Creek in Floyd County, Kentucky. The battle ended with a Confederate defeat. Marshall left the field and retreated with his men to Martin’s Mill in Floyd Co. KY. It was here, in camp on Beaver Creek, where Captain Hunter was paid for his hogs, on January 15, 1862. Twelve days later, on January 27, 1862, the 5th KY Infantry, including Hunter’s company, was encamped on the banks of the Kentucky River, near Whitesburg, Kentucky. Hunter requisitioned camp and garrison equipage such as tents and clothing for his men and was generally attending to his duties.

What happened next was unexpected and is truly inexplicable. Within a matter of days, Captain Hunter deserted his men and his regiment and returned home to Morgan County. Why he did not simply choose to resign instead of deserting his men is hard to explain. Was he pressed by some urgent matter, was he physically unable to withstand the rigors of campaigning and military life, or did he become disillusioned with the Southern cause? Or were his actions due to pressure by his family who were, for the most part, Union supporters? After all, during the course of the Civil War, no less than three of James K. Hunter’s brothers, four nephews and one brother-in-law enlisted in the Union Army.* His father Francis was also known to be a loyal man. Unfortunately, the records are silent and void of any reasonable explanation.

Company Muster Roll, Co. B
5th KY Infantry (CS)
Dec. 31, 1861 - Apr. 30, 1862

Regardless of Hunter’s motives, he returned home to his wife and young daughter but his stay, for the time being, was cut short. About February 7, 1862, a federal cavalry patrol, Wolford’s 1st KY Cavalry, captured James K. Hunter at his Morgan County home and brought him to Camp Buell, Garfield’s Headquarters, at Paintsville, Johnson County, KY. Surprisingly, Hunter was not sent off to Newport Barracks or Camp Chase as a prisoner of war. Undoubtedly, Garfield interviewed Hunter and must have been sufficiently convinced that Hunter was not in communication with the rebel army anymore or aiding the enemy. Yet, Garfield still did not trust him enough to release him simply on his word of honor. James K. Hunter was allowed to post bond and, upon taking the oath of allegiance, he was permitted to return home.

Head Quarters 18th Brigade
Camp Buell Feb 13 1862

James K. Hunter of Morgan county Ky having come into camp and taken an oath of allegiance to the Government of the United States and entered into bonds to remain a true and faithful citizen. (He) thereof is hereafter considered as under the protection of the Federal Army and will in no way be molested so long as he shall remain at home a peaceable citizen.

By order of
Col. J. A. Garfield
Comdg Brigade

W. H. Clapp
A. A. G.

Garfield's order dated Feb. 13, 1862

During the following months, Hunter seemed to abide by the terms and conditions of the oath and bond and remained at his home in Morgan County, attending to his own personal affairs. John T. Shepherd, postmaster at Grayson, Carter Co. KY noted that, ”when I saw him he was attending to his business as any other citizen After he gave bond as aforesaid For the Purpose of ascertaining whether he was Keeping the Condition of his Bond - at Every Chance I had - I made Enquiry of his neighbors where he was and what he was doing and always understood that he was at home and behaving himself.” James M. Gray of Morgan County noted that Hunter, “since he gave a bond to Col J A Garfield in the winter of 1862 that he has since that time he has been at home or not connected with either army Federal or confederate.”

Another child was welcomed into the family who was named Jefferson Davis Hunter. The first name is an interesting choice but in absence of an exact birth date it remains unclear if the child was named before or after his father’s desertion from the Confederate Army.

At the beginning of August 1862, the State of Kentucky was threatened by a massive Confederate invasion under Generals Bragg, Kirby Smith and Humphrey Marshall.

On September 17, 1862, Marshall’s men, including Hunter’s former regiment, the 5th KY Infantry, arrived in Morgan County, and, “marched thru West Liberty with a brass band and drum and fife in great pomp.” The soldiers received a warm welcome. James K. Hunter, however, may have looked upon this spectacle with mixed feelings. Captain Joseph Adkins, who was now commanding Hunter’s Company B, promptly stopped at Hunter’s home and arrested him, and, according to Davidson Davis, “forced him of as a prisoner much against his will.” James M. Gray, Hunter’s neighbor, stated, “that he was present at J. K. Hunters and seen him taken off under an arrest by some of Capt Adkins Company of Gen Marshals.” F. C. Walsh later saw, “a portion of the soldiers of the Confederate Army as they passed through West Liberty. James Hunter, was with a lot of soldiers I saw He was acting with them but in what Capacity, I did not hear any one say; don't know that he was captain.” Jackson B. Ward and Benjamin F. Crawford stated that Hunter was taken “away by the Rebels a prisoner”.” Jesse K. Howard noted that, “Men under Colonel May of the Rebel army arrested James K Hunter and took him off to the Rebel Army and he was then dismissed and allowed to Come back home.” Eyewitnesses such as Davidson Davis and James M. Gray added that Hunter was gone “some ten or twelve days.”

After his return to Morgan County, James K. Hunter went into the horse trading business with Jesse K. Howard. At the end of 1862, Hunter and Howard proceeded to Greenup County and lodged at Seymore Harding’s hotel in Greenupsburg, waiting to board a steamship to Cincinnati. According to Harding, “They had some horses they told me they were taking them to Cincinnati to sell them.” A similar trip was undertaken about mid-February 1863.

During a third trip at the end of March of 1863, Hunter was recognized in Greenupsburg by some Morgan County refugees, among them James H. Morgan, who notified Provost Marshall William C. Ireland of his presence. “I am informed by refugees from Morgan Co. that James Hunter was a Captain in the Rebel Army, and was commanding a Co., at the battle of Middle Creek on Big Sandy, “noted Ireland. It was also stated that Hunter had, “raised a Company, and went into the rebel service“, during the Confederate invasion of Kentucky in the summer of 1862. “Went off and was gone until a month or so ago.”

Ireland decided against an immediate arrest of Hunter and Howard and instead, addressed a letter to Enoch T. Carson, Collector of the Port of Cincinnati and the United States, on March 21, 1863. “Not being advised as to who is in military command at your city, I write you, knowing that you will place this in proper hands. There is now at this place two men waiting for a boat to go to your city. James Hunter, and Jesse K. Howard. They have 4 horses, and a gray (?), that they say they are taking down to Sell … I would have arrested them here, but have no forces at my command, and no safe place to keep them. I would arrest notwithstanding, but for the fact that they are going to your city where they can be properly cared for. If they are arrested, and if proof of the facts stated is required, I will forward testimony.” He added a physical description of Hunter and Howard. “Hunter, is about 28, or 30 years of age, dark hair, dark whiskers, about 6 feet high. He resides I understand in Morgan Co. Ky. Is a son of Frank Hunter who is said to be a Union man … Howard, who is with Hunter, is a large man - weighing say 180 lbs. dark hair, age about 30 years … Both wear soft black hats. Howard, has some hair on chin of rather (?) sandy color.”

Apparently unaware of the trouble that was brewing, Hunter and Howard boarded the next steamship at Greenupsburg with their horses and proceeded to Cincinnati. Upon their arrival on March 25, 1863, both men were promptly arrested and their horses seized, upon orders of Colonel Eastman. Hunter and Howard were then taken to the barracks on Columbia Street in Cincinnati.

Meanwhile, Provost Marshal William C. Ireland made every effort to locate witnesses for this case but believed that, “it would not be safe to go to Morgan Co.” Despite the apparent hurdles, Ireland managed within three weeks to obtain the affidavits and statements of 15 witnesses. On March 31, 1863, James K. Hunter’s father Frank stopped at Ireland’s office with two affidavits in his pocket in favor of his son while on his way to Cincinnati. Ireland did not seem to be completely satisfied, however, and continued to search for witnesses. The last affidavit in Hunter’s case was taken on April 8, 1863.

It appears that Jesse K. Howard was soon released and was allowed to return to Morgan County. Provost Marshal Ireland noted that, “They say Howard, who is with Hunter, has never been in the Rebel Army but is a sort of tool for Hunter.” James H. Morgan noted that, “I have known Jesse K. Howard for several years and so far as his Loyalty is concerned within my own knowledge I cannot say but this much I can say - I have never heard of his Taking any part whatever in this Rebellion so far as truth or veracity is concerned I have never heard him doubted.” James Walsh, a private in Co. D, 14th KY Cavalry (US), knew Howard well and characterized him as a “notorious rebel & sympathizer” but as far as he knew or believed he had never been in arms.

In regard to James K. Hunter, Greenup postmaster Joseph Pollock stated, “that a short time after the Federal forces under Genl George Morgan passed through this place, he had a talk with several men, some of whom were members of the 22nd Ky Infantry, & others Tennesseans … These men informed me that they learned as they passed through Morgan Co. Ky, that a man by the name of Hunter, was trying to get recruits for the Rebel Army. I do not remember that they gave his given name, but I learned from them (?) that he was a son of Frank Hunter of Morgan County, and that he had been before that time in the Rebel Army.”

US Brig. General George W. Morgan had entered West Liberty with his 7th Division, Army of the Ohio, on September 28, 1862, only 11 days after Hunter had been taken off as a prisoner by Captain Adkins of the 5th KY. As witnesses had stated, Hunter did not return home until some ten or twelve days later. Since Hunter was most likely still absent from Morgan County during the time Federal Morgan’s troops passed through the county, it would only be natural for people to speculate or assume that he had re-joined the Confederate Army and make statements to that effect to the Union troops. But return he did shortly thereafter and “since that time he has been attending to the ordinary avocations of life and not in the army,” as was noted his neighbor James M. Gray.

Interestingly, the initial statement by an unnamed witness to Provost Marshal Ireland that Hunter “Went off and was gone until a month or so ago”, which would fix his date of return to Morgan County to mid to late February of 1863, does not appear in any of the witnesses’ affidavits. Furthermore, it was easily discredited by Seymore Harding’s testimony who had seen Hunter and Howard in Greenup at his hotel at the end of December 1862 and again in mid- February 1863, on their way to Cincinnati to sell horses.

Seymore Harding affidavit, March 29, 1863

Harding’s testimony also raises doubt about James H. Morgan’s statement that, “Sometime in December I was in Morgan County, and heard it said that Hunter has been trying to raise a company for the Rebel service,” but Morgan himself admitted that, “of the truth of the matter, personally I know nothing.” It is possible that Morgan had personal reasons to implicate Hunter, and was trying to get even for the visit that Hunter had paid him in October 1861, when his gun was taken from him.

The overwhelming majority of the witnesses testified in Hunter’s favor, stating that, once he returned to Morgan County, after being captured by Captain Adkins and taken off as a prisoner, Hunter had remained home and attended to his own business. Davidson Davis noted that Hunter,“has since been at home or attending to his ordinary business of life and that he has frequently heard said Hunter say that he never intended to violate his bond that he had given. “Jackson B. Ward also added that “from all I have been able to See or hear of him he has been guilty of no disloyal acts or Conduct.”

Additionally, on March 31, 1863, Robert F. Prater, a soldier of Company B, 14th KY Cavalry (US) was questioned and cross-examined in Cincinnati, in reference to the loyalty of James K. Hunter to the Government of the United States.

An excerpt is given here:

Robert F. Prater first duly sworn deposeth and sayeth:

Question 1st. ~ What is your age. Where do you reside and what is your occupation.

Answer. Twenty Three years of age. I reside in Morgan County, Ky. Soldier in the United States Army.

Question 2d. ~Are you acquainted with James K. Hunter and how long have you been acquainted with him

Answer - I am acquainted with James K. Hunter and have known him for five years.

Question 3d. ~What is said James K. Hunter's reputation.

Answer - His reputation as far as I know is good.

Question 4. ~What do you know of his loyalty since February 7th 1862.

Answer. As far as I know he has been loyal ever since.

Question 5. ~Do you know of his having raised a company for the Rebel army since February 7th 1862.

Answer - He has not raised a company that I know of

Question 6. What portion of the time since February 7th 1862 have you resided in the same vicinity with defendent

Answer - About Six months

7 Question . ~Have you been in his vicinity since the 1st of september 1862

Answer - I have

8 Question ~ Do you know of defendent having raised a company for the Rebel army during the month of August 1862 or at any time since

Answer - He has not that I know of my reason for so stating is that I have frequently been through the neighborhood where he resides as a scout as a soldier during the fall and winter of 1862 and he was at home

The records do not disclose whether the charges of disloyalty against Hunter were dropped or not but in view of the testimony in favor of his case it seems unlikely that he was held by the authorities for very long. It may be noted that James K. Hunter’s name does not appear on any Confederate military records after his desertion in 1862 which lends added credibility to the statements made by witnesses who testified on his behalf.

Hunter returned home and during the remaining war years, two more children were added to the family - daughter Arvilla, born abt. 1864 and son William D., born ca. 1865. George Montgomery, born in March of 1866 and Laura B., born abt. 1868, soon followed.

After the end of the Civil war, James K. Hunter rose to prominence in local affairs. In 1869, we find James K. Hunter as a resident of the newly formed Elliott County, KY. On April 5, 1869, the county seat was laid off on a one acre plot in Martinsburg that had been generously donated by Hunter. On the same day, a committee composed of James K. Hunter, G. W. Stamper, W. H. Vansant, Travis Horton and A. Ison met at Hunter’s home for the purpose of dividing the county into five districts, or voting precincts.

On May 25, 1869, the first session of court conducted in the new county was convened Hunter’s steam mill on the bank of Little Sandy River. James K. Hunter served as the first Elliott County Judge and his mill was fixed as the permanent meeting place for both county and circuit court until a more suitable place could be found and provided.

The 1870 Elliott County Census reveals that Hunter had made it through the Civil War financially unscathed. He was a merchant in Martinsburg and owned $8000 worth of real estate and $12,200 personal property. During the same year, on July 3, his daughter Mollie Belle Barbour Hunter was born. Hunter seemed at the height of his personal and professional life and was considered an influential citizen. Two short years later, tragedy struck when James K. Hunter was killed by a fall from his horse. The exact circumstances of his death remain unknown. The 1873 Elliott County Tax List shows Judge James K. Hunter as deceased. His final resting place is in the Old Sandy Hook Cemetery. His 29 year old widow Edy Hunter, who was left to raise 7 small children, joined her husband’s side 44 years later, on August 23, 1916, one day after her death at Sandy Hook of cerebral hemorrhage.

Eda "Edy" Hunter Death Certificate

*James K. Hunter’s Family Members in the Federal service
Nephew - James M. Vansant, Co. B, 14th KY Cav (US) – son of J.K. Hunter’s sister Lavisa Susan
Nephew - Sylvester Green Hunter, Pvt., Co. B, 14 KY Cav (US) – son of J. K. Hunter’s sister Emerine

Brother - Squire Henderson Hunter, Pvt., Co. C, 40th KY Inf. (US)
Nephew - James M. Hunter also Pvt., Co. C, 40th KY Inf. (US) – son of Squire Henderson Hunter

Brother-in-law - Lewis A. Thornbury, Sgt. Maj. in Co. D, 39th KY Inf. (US)– husband of J. K. Hunter’s sister America. Lewis A. Thornbury was a brother of Captain Martin Thornsbury, Co. D, 39th KY Inf. (US)
Brother - Kenas F. Hunter, Pvt. Co. D, 39th KY Inf. (US)
Brother – William Thomas Hunter, Pvt. Co. D, 39th KY Inf. (US)
Nephew – Martin Hunter, Pvt. Co. D, 39th KY Inf. (US) – son of J. K. Hunter’s brother Sylvester D.


Source Records
Compiled Service Records, Confederate and Union
Confederate Citizens files
Union Provost Marshal Records


Article researched and written by Marlitta H. Perkins, December 2012. Unauthorized use and/or duplication without express written notice by the author is strictly prohibited. © 2012. All Rights Reserved.

We Call Out the Good Loyal Women of Carter County

Logo of the Adjutant General's Office
State of Kentucky

The following letter by Elias P. Davis, Carter County Court Clerk, to Kentucky Adjutant General John Boyle, vividly illustrates the dire conditions which existed in his county for loyal Union men.

Davis, characterized as "a skilled politician, of pleasing personality and a colorful figure," was born on February 14, 1810, and moved with his parents from his native state of Virginia to Kentucky while a teenager. He settled in Carter County in 1837 and held various offices, including Carter County Sheriff in 1851. The same year he was elected Circuit Court Clerk and County Court Clerk in 1854. Davis was a prominent Whig and subsequently a member of the Republican party after its organization.

A staunch Union man, Elias P. Davis served in the Union Army in Company "D", 40th Kentucky Volunteer Mounted Infantry. He enrolled on March 28, 1864 and was mustered in as first Lieutenant on April 12, 1864, for one year. Davis was promoted to Captain and mustered out at Catlettsburg, Kentucky, on December 30, 1864.

Grayson Carter County Ky Oct. 9th 1863
John Boyle Adjutant Genl. Ky Militia

Dear Sir
I received a printed circular containing special order (No. 1) requesting a speedy organization of the Militia in this County; Now for explination (sic) I will state Carter County has a voting popilation (sic) of about 1200 and out of that no. we have or had 335 Rebel votes and that will leave us in Carter County about 865 votes of Loyal men, and out of that number we have sent to the 3 years service 5 Companies recruited at Grayson for the 22nd Rig (sic) commanded by Col Lindsey and now we have recruited at Grayson for the 40th Rig (sic) & now commanded by Col True 4 full companies. say in the whole about 900 men have Volentiered (sic) on the side of the government, consisting of men over 45 and men under 45 say from 15 years old to 45. for I am 53 years old and I have went into the 40 Regiment for the defence (sic) of Kentucky as the Rebels have ruined my office in this County. I thought it was our duty to defend our homes and we will doit (sic) if we have a half of a chance to remain in the Mountains.

Now you see from the above statement we have no men to make Militia Companies out of in Carter Co. without we call out the good Loyal women in Carter County, but they are doing a great deal now. they are sowing their wheat and plowing of it in and saveing (sic) fodder & chopping wood for their fires to keep their children warm while their husbands & children are in the war Trying drive off the rebel bands of Rogues in our County. we have been in as bad a fix in this County as any people Could be in the state but we have turned out the Last man in our county Large enough to pack a gun to try to protect our homes and we will do it if we are let a lone (sic), we have some of the best Union men in Carter County in the State and we have some of the worst Rebels in the world. the voting district we call the Cliffs in our County is aweful. it voted 300 of the Rebel vote in August 1861, the Lastest (sic) vote we have had, we have not had a circuit Court in Carter to do any business for 3 years. we had courts held one side to allow claims only but for 18 Months we have had none. Now General if we can only be sustained by the Government we will enforce the Laws in Carter County Morgan & Rowan Counties & other places if we had such I think all of the Counties ought to raise men for the years service under the 20,000 Law to protect Ky. and when they dont I trust they will be drafted and made go into the service for our home defence (sic) but Carter cannot furnish any More (sic) men in any way that is Loyal men. if she does they must be Rebels & they wont do.

Yours Truly, E. P. Davis Clerk
of the Carter County Court

John Boyle Adjt. Genl. KY
Frankfort, Ky


Transcribed and researched by Marlitta H. Perkins, December 2012. Unauthorized use and/or duplication without express written notice by the author is strictly prohibited. © 2012. All Rights Reserved.

The Death of Tandy F. Jones

Tandy F. Jones was born in 1840 or 1841 in Floyd County, Kentucky, the son of John Ray Jones and his first wife Satira Stanley. The Jones family migrated from Virginia, possibly Scott County, by the 1830’s and settled on Mud Creek in Floyd County, Kentucky. After the death of Satira, John Ray Jones married Phoebe Sturgill and moved to Johnson County, Kentucky around 1857 and settled in the Flat Gap area.

Flat Gap, Johnson County, Kentucky

On May 22, 1860, Tandy F. Jones married Susannah Sagraves, daughter of Joseph Sagraves, Jr. and Nancy McDowell. When the Federal Census was taken on July 12, 1860, the couple was still living in the household of Tandy’s father and step-mother, along with several siblings and his grandmother.

By the time the Civil War had begun in 1861, the newlyweds had set up housekeeping, possibly on Susannah’s father’s place. Sagraves operated a mill on Lower Laurel Fork of Big Blaine Creek and was a near neighbor of John R. and John B. Wheeler. All the couple had to their name was one milk cow. In October 1861, Tandy’s older brother Lemuel G. Jones enlisted as a private in Co. D, 14th KY Infantry (US), along with a number of other men from Jones’ neighborhood which was predominantly Union. Tandy on the other hand remained quiet on the subject. Even though his principles seemed to be leaning towards the Secessionists, he never said or did much in support of either side. This all changed in December of 1861, when Tandy, along with his brother-in-law William Sagraves, joined Co. K, 5th KY Infantry, Mtd. (CS) It is questionable whether their enlistment was entirely voluntary. William R. and John B. Wheeler testified that Jones and Sagraves, “would not Have Went if they had not been scared into it by their party we believe them to be Common moral Citizens.”

William R. and James B. Wheeler Affidavit

Events that followed seem to support testimony of the Wheelers. On January 9, 1862, one day before the Battle of Middle Creek, Tandy F. Jones and William Sagraves deserted the Confederates and were making their way toward the Union lines to give themselves up. Sagraves was still armed but Jones was not when they reached the outer picket line of the 14th KY Infantry. They were promptly arrested and taken under guard to the Union camp in Paintsville and placed into the guard house. Commander Col. James A. Garfield stated, “On Examination the(y) confessed that they were from the rebel army and from ignorance or fear did not call any witnesses to show that they had deserted & come in voluntarily.” Unaware that both men had surrendered on their own free will, Garfield sent Tandy F. Jones and William Sagraves as prisoners of war in company with fifteen others from Paintsville to Newport Barracks. After a brief stay, both men were forwarded on February 10, 1862, to Camp Chase in Ohio.

It is not entirely clear how Garfield became aware of the true nature of Jones’ and Sagraves’ arrest, perhaps through the interference by family and friends, but on February 15, 1862, he addressed a letter to Judge Advocate General Colonel Luther Day, with a recommendation that Jones and Sagraves be released on taking the oath of allegiance to the U. S. Government. Garfield enclosed an affidavit by William R. and John B. Wheeler, taken on February 14, 1862, who testified on behalf of both men before Johnson County Justice of the Peace E. Lemaster.

Garfield’s letter was received on March 5, 1862 and forwarded to Adjutant General Lester Thomas. In turn, Garfield’s recommendations were sent to Ohio Governor David Tod who respectfully returned the letter to the Secretary of War, with the recommendation, “that favorable action be had.”

Meanwhile, on March 7, 1862, Jones and Sagraves, along with 42 other Kentuckians who were prisoners at Camp Chase, addressed a letter to, “His Excellency the Governor, the Chairman and Members of the General Assembly of the Commonwealth of Kentucky ... That all constitutional measures may be resorted to by your honorable body for our restoration of our homes, families and loyalty, and for full and complete relief, we would ever pray."


Letter to the Governor of Kentucky
March 7, 1862

 On April 8, 1862, by order from General James A. Garfield, Jones and Sagraves were discharged from Camp Chase, after taking the oath of allegiance on April 7, 1862. Tandy F. Jones’ physical description was as follows – he was 21 years old, stood 5’7” tall, had a light complexion, blue eyes, dark hair and brown whiskers. William Sagraves was 27 years old, stood 5’9” tall, had a dark complexion, dark eyes, dark hair and dark whiskers.

Tandy F. Jones Oath of Allegiance

After their release from Camp Chase, both men returned to their homes in Kentucky. By all appearances, Tandy F. Jones kept the terms of his oath, which in part stated, “I fully understand if I violate this oath and am again found in arms against the Government of the United States or aiding or abetting its enemies the penalty is death.” There is no evidence to suggest that he ever served in another Confederate unit. Tandy took up farming, raised some corn and wheat and tended to one horse, two cattle and five hogs. Nevertheless, military and prison life had left him a sick man. He suffered from dysentery, also known as flux or bloody flux, an intestinal inflammation which leads to severe diarrhea with blood in the stool. This disease was one of the great killers during the Civil War. Jones thought drinking water from a sulphur spring would cure his disease.

In August of 1862, the Confederate invasion of Kentucky began and on September 13, 1862, CS General Humphrey Marshall’s troops, including the 5th KY Infantry, Mtd., arrived at Salyersville in Magoffin County, KY. At this point many who had previously deserted rejoined the 5th KY Infantry, including William Sagraves. Tandy Jones, on the other hand, remained at home.

Between September 14 and October 5, 1862, a scouting party of ten men, under the command of Lieutenant John W. Ferguson, Co. F, 5th KY Infantry, left Salyersville, with orders by their Captain Henry G. Colvin, to shoot any man who wouldn't halt. The scout proceeded to Johnson County, possibly to hunt up deserters and appeared at Tandy F. Jones’ house as he was returning from one of his trips to the sulphur spring. Upon seeing the soldiers, Jones made an attempt to escape. William Tackett, one of Ferguson’s men, testified on May 26, 1863, that “Jones was halted several times, before he was shot. I did not see him shot, he had turned round the house, and when I saw him again he was coming back. My belief is that he was running at the time he was shot. He was running very swiftly when I saw him and had only about 10 steps to go to get into the woods.” A witness by the name of Rice, possibly Sam Rice, who happened to be present when the killing took place, later reported a slightly different story to Tandy’s brother Lemuel “Lem” Jones. According to Rice, when Ferguson’s party came across Tandy Jones, he ran about 15 feet, was halted by Ferguson, and on his coming back, having surrendered, Ferguson gave the order to fire on him, which was done and Jones was killed. Local lore that has been passed down through the years tells of Jones making an effort to escape and crossing a rail fence. When he reached the top, he was shot in the back where his gallowses crossed and died instantly.

Ironically, Ferguson was not aware that Tandy Jones was a deserter when he gave orders to shoot him. Yet Tandy Jones was aware of the danger of being shot as a deserter and attempted to escape. William Tackett confirmed that Jones’ fears were not unfounded. He stated, “I believe they would have shot Jones had they known it was him.” Known members of the scouting party were 1st Lt. John W. Ferguson, 1st Corporal William “Will” Jayne, private William Tackett, and possibly 2nd Lt. Hayden Ferguson. The names of the others have not been discovered. Ferguson’s party was accompanied by former 5th KY soldiers James Patterson, Andrew J. Osborne and possibly by Patterson’s brother-in-law William W. Estep, although his name was never mentioned in any of the existing records.

Tandy Jones’ death created a disturbance among his family, friends and neighbors, the effects of which were felt for years after. This may have been in part due to the fact that Tandy’s wife Susannah was either pregnant with their daughter Alana or the child was just an infant. According to one local historian, the emotional temperature arose to such a great magnitude that a group was organized “for the purpose of safety and to execute the executor.”

Tandy Jones’ killing may have haunted 18 year old William Tackett. He deserted the 5th KY Infantry shortly thereafter and enlisted in the 14th KY Infantry (US), on October 5, 1862, at Paintsville, Johnson County, KY. Tackett was soon gone from the area.

James Patterson and his family disappeared entirely from the Johnson County tax lists in 1863 and thereafter. It appears that Patterson and his family went back to Virginia, quite possibly Rye Cove, sometime after the 1862 harvesting season was over. He may have been accompanied by his nephew William W. Estep, who, according to family stories, left Johnson County with his family about the same time. Patterson and Estep were back in Johnson County by summer of 1864. An assassination attempt nearly cost Patterson his life, which he survived by a stroke of luck. Patterson, a native Tennessean, later returned to his home state.

The fate of Andrew J. Osborne at this point is uncertain. According to local history, a few days after the assault on Patterson, three strange men passed by the house of Andrew J. Osborne and shot him while he was working in his garden. It is believed by some that his death was directly related to his involvement in the killing of Tandy Jones and was an act of revenge. Other accounts claim that Osborne died in the Battle of Paintsville on April 13, 1864. The true circumstances of his death may warrant closer examination in the future.

William W. Estep was killed by a sniper near Flemingsburg, Fleming County, KY, towards the end of the war. His body was disposed of in such a manner that subsequent attempts by the family to locate him were fruitless, despite the fact that he may have been accompanied by one of his brothers when he died.

William Jayne served in the 5th KY Infantry, which was part of the famous Orphan Brigade, until 1865. He voluntarily surrendered on May 5, 1865, at Macon, Georgia. Jayne returned to Johnson County where he lived peacefully and raised a family. About 1906 or 1907, he moved to Boyd County, KY, and lived on a small farm. William Jayne’s final move was to Lake City, Florida, in the spring of 1917, where he died the same year.

Hayden Ferguson continued to serve in the 5th KY until the end of the war. He left Kentucky and settled in Georgia by 1870.

His brother Lt. James W. Ferguson resigned his commission in the 5th KY Infantry in October of 1862. The reason were, he claimed, that, “he had become convinced that he was fighting on the wrong side and that the South was wrong.” Ferguson returned to Johnson County, settled his personal business and disposed of all his properties. He was captured by the 14th KY Infantry (US) on May 12, 1863 and charged with treason and being a rebel officer. After he was tried by a military commission, Ferguson was sent to Camp Chase and later Johnson’s Island. Two months later Ferguson applied to take the oath of allegiance in order to return to Kentucky and remain a "peaceful citizen", but refused to be sent South upon exchange. While at Johnson's Island, the doctors diagnosed him with an incurable disease for which he received treatments. Ferguson was finally released on taking the Amnesty oath on April 27, 1865 at Johnson's Island. He never returned to Johnson County, fearing, perhaps, repercussions in regard to his involvement in Tandy Jones’ death. Ferguson settled in on Briar Fork in Elliott County, KY, where he died from kidney disease on May 8, 1875, at the age of 44.

Nothing is known about the fate of Tandy F. Jones' wife Susannah who disappeared from the records after 1862. Daughter Alana was taken in and raised by her grandparents Joseph and Nancy Segraves. She married James Abraham Garfield Spradlin on Dec. 2, 1880 and moved to Lower Twin Branch, Johnson County, KY. Their marriage was short lived as James died in 1884 at the age of 23, followed by Alana in February 1887, at the age of 26. Thus closed a tragic chapter in the history of Johnson County, KY.

Sources
Provost Marshal Records
Letters to the Adjutant General
Compiled Service Records, Confederate / Union
VF Family History Folder, Johnson Co. KY library: Estep/Cantrell/Salyer Family; account by Elmond Davis.
Hanging files, Johnson Co. KY library, anonymous account.
Johnson County, Ky Tax Lists
Johnson County, KY Federal Census records

Researched and compiled by Marlitta H. Perkins, November 2012. The author would like to thank Mark Bryant for his valuable insights. Unauthorized use and/or duplication without express written notice by the author is strictly prohibited. © 2012. All Rights Reserved.

"Known but to God" Historical Marker Destroyed



Photograph by Forest McDermott, for HMdb.org

On KY Rt. 80, near Elkhorn City, in the Breaks Interstate Park, a historical highway sign marks the gravesite of an unknown Confederate soldier who is "Known But To God." In May of 1865, the soldier, who was on his way home after the close of the Civil War, was struck down by unknown assailants and killed. Four men of the community, namely Henry and George Potter, Zeke Counts and Lazarus Hunt, fashioned a coffin for the soldier, made of boards rived from a great oak in which he was buried at the spot where he had died. The Potter family kept the soldier's cap and watch in hopes to be able to give them to family members in search of their loved one. Sadly, nobody ever came to look for him. Years after, the keepsakes were lost in a fire. In 1900, a rose bush was planted at the gravesite by Harve Potter and in more recent years a historical highway marker was placed in order to keep the memory of this unknown soldier alive.

Photograph by Forest McDermott, for HMdb.org

Sadly,147 years later, another senseless act of violence was committed at this very site. On Saturday, November 3, 2012, unknown persons destroyed the historical marker. Park rangers had passed the site at 8 a.m. in the morning, with the marker in place. Upon their return at 9 a.m., the damaged site was discovered. Not only was the marker missing, but the four posts surrounding it had been struck down with force. A search by law enforcement later turned up the marker which is damaged beyond repair and can not be reused.

Damaged site, Nov. 3, 2012
Photograph by Nina Aragon

The incident is being investigated by Kentucky State Police. At this point, the persons responsible are still at large. Anyone with information, please contact Pikeville Post 9, Kentucky State Police.

Fund raising efforts are on the way to help pay for a replacement marker. An account with the Community Trust Bank in Elkhorn City, called the Unkown Soldiers Highway Fund, has been set up. Please consider contributing for this worthy cause.

Make checks or money orders payable to
Unkown Soldiers Highway Fund

Mail to
Community Trust Bank
P. O. Box 740, Elkhorn City, KY, 41522

Flag placed on the site by members of the Potter family.
Photograph by Bill Williams

In closing, I'd like to say that this whole situation is more than heart-wrenching. Why such an act would be committed at the grave site of a soldier, or anyone, for that matter, is beyond comprehension. The utter disrespect for a man's final resting place is shocking, especially in this day and age when we consider ourselves more "enlightened" and "educated" than those who walked before us. Seems that some of us still have a great deal to learn.


Links of Interest
Unknown Soldier's Marker Found, but Damaged
Published on Nov 5, 2012 by EastKYBroadcasting

Unknown Confederate Soldier
By David Chaltas and Richard G. Brown

Historical Marker data base (HMdb) listing of the site

Find A Grave listing

April 1865 - Confederate Surrender at Mt. Sterling

April of 1865 proved to be one of the most pivotal months of the American Civil War. A series of key events changed the course of history and ultimately led to the end of hostilities between the North and the South.

On April 2, 1865, US General Grant's forces began their advance and broke through Lee's lines at Petersburg who subsequently evacuated the city. The following day, Richmond, the Confederate capital, fell and Union troops entered the city and raised the Stars and Stripes.

Less than a week later, on April 9, 1865, General Robert E. Lee surrendered the Army of Northern Virginia near Appomattox Court House, Virginia. This devastating news reached the soldiers of Morgan’s former command near Christiansburg, Virginia, while on the march toward Richmond. After the initial shock and disbelief, it was impossible to ignore the overwhelming evidence of Lee’s surrender any longer. According to Edward O. Guerrant, on April 12, 1865, while at Christiansburg, “the commanding officers (Generals Echols, Cosby, Duke, and Wharton, and the Colonels Giltner, Preston, and Trigg), held a consultation, and determined to leave it optional with the Commands whether they would be disbanded or endeavor to reach the forces of Gen. Joseph E. Johnston in North Carolina. The Infantry Commands (the large portion of which had already left) were all disbanded, furloughed for sixty days, in case any future occasion should arise for their services. Gen. Echols, with Generals Duke and Vaughn, with the larger part of their Commands, determined to make an attempt to reach Gen. Johnston's army.”

Col. Diamond and Captains Barrett, Scott, Rogers, and Willis, and Lieut. Freeman with some 75 or 100 men determined to proceed South with Echols who met up with Jefferson Davis and his cabinet at Charlottesville, NC, thereafter forming his cavalry escort. Gen. Cosby’s and Col. Giltner’s commands, as well as a portion of Duke's, determined to move into the mountains of Eastern Kentucky instead of North Carolina. Cosby turned the command of his soldiers over to Giltner who divided the troops in order to subsist them while on the march. Cosby’s and Duke’s men were sent through Pound Gap, whereas Giltner took his men down the Levisa Fork of the Big Sandy River. The two divisions met at Prestonsburg and slowly made their way in direction of Hazel Green.

While in the Big Sandy Valley, Giltner’s men received word of President Lincoln’s assassination. On April 14, 1865, Lincoln was shot at Ford's Theater, Washington, D. C, by John Wilkes Booth. Lincoln died the following day of his wounds. Knowing how unreliable grapevine news tended to be, the news of Lincoln’s death was generally not credited by Giltner’s men. When they reached Salyersville, Magoffin Co., about April 23, 1865, more devastating news awaited them. On April 17, 1865, Confederate Gen. Joseph E. Johnston had entered into peace talks with Sherman near Durham in North Carolina. With Lee’s surrender and Johnston’s pending capitulation, no alternative was left for Giltner but to follow their example and secure the most favorable terms possible for his men.

On April 23, 1865, a letter was addressed to the commanding officer of the Department of Kentucky. Major Thomas J. Chenoweth, 13th KY Cavalry, was the officer detailed to carry the letter and was sent in advance under Flag of Truce to Mt. Sterling, the nearest post of United States Forces, with the authority to negotiate terms of surrender.

Headquarters Confederate States Force
Salyersville, Ky., April (23), 1865

To the Officer Commanding Department of Kentucky.

Sir:
A combination of unfortunate events have separated us from the Confederate Army, we are perhaps driven to the necessity of surrendering ourselves prisoners of war. The object of this communication is to ascertain the terms of such a surrender. We have waged an honorable warfare, and we will have honorable terms or none. We speak by authority of the men under our command. The officer bearing this letter is instructed to await your reply three days.

Very respectfully,

Henry L. Giltner, Col. Com'dg. Brig. Ky. Cavalry

J. Tucker, Col. Com'dg. Brig. Ky. Cavalry

Thomas Johnson, Major Com'dg. Ky. Cavalry

Chenoweth arrived at the outskirts of Mt. Sterling on April 25, 1865 where he was received by post commander Major Horatio N. Benjamin, 185th OVI. Benjamin immediately telegraphed Brig. General Edward H. Hobson, commanding 1st Division, Department of Kentucky. *

I have a flag of truce. The object of the flag is to ascertain the terms of surrender.-They claim to have waged an honorable warfare and will have honorable terms or none. Said to be about 1,000 to 1,500 men. The officer in command of flag is Major Chenoweth, and the dispatches signed H. L. Giltner, colonel, commanding division. Answer immediately.

H. N. BENJAMIN,
Major, Commanding.

Major Horatio N. Benjamin, 185th OVI
Courtesy: Larry Stevens, author of
Ohio In The Civil War

Hobson, in turn, forbade Chenoweth to enter Mt. Sterling with the flag. He also instructed Benjamin to keep out strong pickets and to discourage communications between the citizens and Chenoweth.

Brig. General Edward H. Hobson

Negotiations at Mt. Sterling spanned over two days. The delay allowed Hobson to confer with Captain J. Bates Dickson, Assistant Adjutant-General on the staff of Maj. Gen. J. M. Palmer, commanding Department of Kentucky, about acceptable terms of surrender. It also enabled Hobson, without exciting suspicion, to dispatch Union troops (the 39th KY Mtd. Infantry and part of the 14th KY Infantry) from Paintsville, and the Sandy Valley on to West Liberty road, in order to get behind the main body of Giltner’s troops, so as to prevent their retreat if the negotiation did not succeed, as well as strengthen the defenses at Mt. Sterling which was only garrisoned by two companies of the 185th OVI and a detachment of the 53rd KY Infantry. On April 26, 1865, the following dispatch was sent to Colonel David A. Mims, post commander at Louisa:

There are about 1,500 rebels near Mount Sterling negotiating for surrender and from their exorbitant terms it does not promise success. Move Thirty-ninth Kentucky (mounted men) between West Liberty and Mount Sterling at once, and if they do not surrender we will whip them into terms.

By order of Brigadier-General Hobson:

J. S. BUTLER,
Assistant Adjutant-General.

According to Captain J. S. Butler, General Hobson’s assistant adjutant-general, the Confederates, “tried to extort broad terms because of our weak force at Mount Sterling…” Outlines of conditions asked for:

To be received and treated as prisoners of war; to retain all private property, horses, side-arms, &c.; to be paroled until exchanged; to take no oath of allegiance to the United States Government, or to take up arms in its defense or against any foreign; to imprison officers of any grade or otherwise subject them to insult or violence; to guarantee our safety of life and property while in Federal limits, and give us a safe-conduct beyond them to any neutral power whenever desired. We propose to be subject to all civil laws and military regulations established for the government of prisoners of war. Whenever the Confederate Government shall no longer claim an existence, we propose to return to our allegiance to the United States Government or remove to some other country, to which we claim a safe transit.

Needless to say, these demands, being much more liberal than what had been allowed Generals Lee and Johnston, were rejected by Hobson. On April 26, 1865, the following terms of surrender were handed to Major Chenoweth:

Surrender of men to be paroled. All public property and horses and arms to be given up. Officers can retain their side arms when they are paroled.

Major Benjamin telegraphed Butler that, “Flag will not accept your proposition, unless they are allowed to retain their horses.”

After much negotiating Benjamin informed Butler that, “The flag will accept the following terms: Surrender of officers and men, to be paroled; all public property to be turned over to Government; officers and men to retain their horses and the officers their sidearms. The flag claims their horses to be private property.” In regard to the surrender of officers' horses the negotiations seemed to have reached an impasse. On April 27, 1865, Chenoweth was handed the final terms of surrender.

H. L. Giltner
Colonel Com'dg. Div. C.S.A.

You will be allowed the following terms to surrender your Command: Surrender of men to be paroled. All public property and horses and arms to be given up. Officers can retain their side arms when they are paroled. They must wear citizen dress while in Kentucky. They will be treated kindly. These terms will be given and none other.

By order of Brig. Gen. Hobson

H. N. Benjamin, Maj., 185th Reg't. O.V.I.
Com'dg.

Subsequently, Major Benjamin informed Capt. J. S. Butler by telegraph:

The major commanding the flag says he cannot accept the terms, but will take a copy of the terms and submit it to Colonel Giltner, commanding division, C. S. Army. Shall I send an officer and escort through with them? They wish to start in the morning. Please give me instructions.

H. N. BENJAMIN,
Major, Commanding.


LEXINGTON, April 27, 1865.

Maj. H. N. BENJAMIN,
Mount Sterling, Ky.:

Send a flag of truce and twenty-five men under good officer to escort rebel flag not farther than West Liberty or Hazel Green, if the rebels should be that far. Let the officer be intelligent and prudent enough to learn near the force they have. In the meantime more troops are being sent you.

By order of Brigadier-General Hobson:

J. S. BUTLER,
Assistant Adjutant-General.

Butler felt confident that “By the time they reject the terms proposed there will be enough troops to alter the whole thing, and we will get many deserters before they can get away, with or without a fight ... We have given them very liberal terms, and they will be bound to accept them or lose half their men.”

On April 28, 1865, Chenoweth and his men left Mt. Sterling, accompanied by a flag of truce and an escort commanded by Captain Benj. T. Nix and Lieut. H. S. Rawls. The same day, Captain Nix sent a courier back to Mt. Sterling, who stated that, according to citizens reports, some 300 of Giltner's forces were within eighteen miles of Mt. Sterling and had fallen back. It was also reported that Giltner, with his command, was falling back to Salyersville, to disband to try and save their horses.

The flag of truce finally caught up with Giltner at McCormick’s in Bath Co. KY, where he was handed a copy of the terms offered. Giltner gave in on the issue of the horses and accepted the terms, but insisted on reassurances that officers were to be paroled immediately after their surrender.

The following post script was added to the terms of surrender:

McCormack's, Bath Co. Ky.
29th April, 1865

All officers are included in the terms of capitulation, promising an immediate parole to all the men.

H. L. Rawls
Benj. T. Nix
Commanding escort of flag of truce


Col. Giltner’s official response to the surrender terms offered was as follows:

Headquarters Cavalry Commands,
McCormack's, Bath Co., Ky.
29th April, 1865

Major H. N. Benjamin
Com'dg. U. S. Forces at Mt. Sterling.

With the assurance of Capt. Benj. T. Nix and Lieut. H. S. Rawls, U.S.A. accompanying escort of the Flag of Truce, of the immediate parole of all officers, I am compelled to accept the terms of capitulation tendered by Brig. Gen. Hobson. I shall reach Mount Sterling by 3 p.m. tomorrow the 30th inst.

Most respectfully,
Your humble servant,
H. L. Giltner, Col. Com'dg. &tc.

Thus Giltner and his men prepared for their last march and proceeded to Mt. Sterling, “amid the tears of nature and of men, the saddest funeral procession that ever trod the soil of Kentucky.”

On April 30, 1865, on the hill South of Mt. Sterling, overlooking the town, the last Confederate corps on Kentucky soil laid down their arms and received their parole. The Louisville Journal noted, “The men looked as though they had seen hard service, and such a thing as a complete uniform was a circumstance. No doubt these poor fellows are heartily glad to be relieved from a hard campaign, short rations and hardships, and once more allowed to remain quietly at home after so long a period of danger and exposure.”

Capt. J. S. Butler, who was vested with full power by Hobson, “as the representative of the brigadier-general commanding in all matters connected with the surrender and paroling of the division of Confederate troops commanded by Col. H. L. Giltner” immediately went to work of paroling Giltner’s men. Butler noted, “They accepted terms and would have given more if it had been requested. I have papers signed and am now busy paroling officers; seventy-three done. About 105 officers and 800 to 1,000 men, Giltner in command. I cropped his wings first one.”

In regard to the horses, some of Giltner’s men were able to make arrangements as was the case with Captain Adcock and his horse “Billie Roan.” Adcock gave a woman $30 to bring the faithful steed through the lines, and thence he was brought home by other parties--at a cost of $65. In later years, when he was 27 years old, “Billie Roan” attended a Confederate veteran reunion and received more honors than any of the men. “He was caparisoned and ribboned on the parade ground and attracted much attention.” Captain Sebring, Co. C, 10th KY Cavalry, was not so fortunate. Upon signing his parole, Major Benjamin kept Sebring’s horse, saddle and bridle.

Captain W. T. Havens parole

(Parole)

Mount Sterling, April 30, 1865

I, Capt. W. T. Havens, Co. E, 3d Ky. Cav., solemnly swear that I will not take up arms against the United States, or give information to the enemies thereof until I am regularly exchanged as a prisoner of war.

W. T. Havens, Capt.,
Co. E, 3d Ky. Batt. Cav.

Subscribed and sworn before me this 30th day of April, 1865

H. N. Benjamin, Maj.
185 O. V. I., Com'd U. S. F.


(Reverse)

Cap. W. T. Havens "E" 3d Ky. is paroled until regularly exchanged.

By order of Brig. Gen. E. H. Hobson

J. S. Butler
Asst. Adj. Gen.


Meanwhile, on April 27, 1865, a small part of Giltner’s Brigade, the remnants of the Col. Benjamin Caudill's regiment (also known as 13th KY Cavalry), surrendered to Colonel David A. Mims at Louisa, KY. He reported:

LOUISA, KY., April 27, 1865.
Capt. J. S. BUTLER:

The Tenth Kentucky (rebel), of Colonel Giltner's command, has surrendered to me at this place. Terms, release upon the amnesty oath.

D. A. MIMS,
Colonel, Commanding.


The following is a copy of the Oath of Allegiance the soldiers had to sign at Louisa before their release.

Headquarters U. S. Forces
1st Division, Department of Kentucky

Office Provost Marshal
Louisa, Ky., April 30 1865.

United States of America } SS.
State of Kentucky }

I,____ do solemnly swear, in the presence of Almighty God, that I will henceforth Faithfully support, protect, and defend the Constitution of the United States, and the Union thereunder; and that I will, in like manner, abide by and faithfully support all acts of Congress passed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified, or hold void by Congress or by decision of the Supreme Court; and that I will in like manner abide by and faithfully support all proclamations of the President made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court: So help me God.

____ (signature of paroled man)


Subscribed and sworn to before me this 30th day of April A.D. 1865.

J. W. Allison
LIEUT. and PROVOST MARSHAL.

The above named has ____ complexion, ____ hair, ____ eyes, and is ___ feet, ___ inches high, ___ years of age.

Last Military Organization:

James W. Adams, 13th KY Cavalry, Oath of Allegiance

  Thus ended the service of John Hunt Morgan’s old command – it was no more but a memory. After the war, Edward O. Guerrant reflected on the surrender, adopting a somewhat idealistic view characteristic of the “Lost Cause.” “They had fought a good fight, and kept the faith, and though the crown of victory did not encircle their brow, the triumph of the deathless principle they defended so heroically, will ultimately crown them conquerors – with an imperishable fame.”

Reunion Ribbon, 4th KY Cavalry
with image of Col. Henry L. Giltner
Courtesy: Kraig McNutt, author of
The Battle of Franklin


Notes
*By a twist of fate, it was Brig. Gen. Edward H. Hobson who negotiated the terms of surrender of Giltner’s division, which, in essence, was General John Hunt Morgan’s old command. During Morgan's Raid in July 1863, Hobson was involved in the pursuit and capture of Morgan and his men, after inflicting a severe defeat upon the raiders at the Battle of Buffington Island, Ohio. Ironically, Hobson and about 750 men of the 171st Ohio Infantry were captured by Morgan near Cynthiana, KY, in June 1864. Hobson was able to negotiate his release.

Links of Interest
General Edward H. Hobson’s Frock Coat, c. 1863
Image provided by "A State Divided: Exploring the Civil War Through Images"




Article researched and written by Marlitta H. Perkins, October 2012. Unauthorized use and/or duplication without express written notice by the author is strictly prohibited. © 2012. All Rights Reserved.

Greenup and Carter County Expatriates

On March 11, 1862, Kentucky passed the "Expatriation Act of 1862". The act amended Chapter 15 of the Revised Statutes, entitled “Citizens, Expatriation, and Aliens,” to the effect that any citizen of Kentucky, "who shall enter into the service of the so-called Confederate States, in either a civil or military capacity, or into the service of the so-called Provisional Government of Kentucky, in either a civil or military capacity, or having heretofore entered such service of either the Confederate States or Provisional Government, shall continue in such service after this act takes effect, or shall take up or continue in arms against the military forces of the United States or State of Kentucky, or shall give voluntary aid and assistance to those in arms against said forces, shall be deemed to have expatriated himself, and shall no long be a citizen of Kentucky, nor shall he again be a citizen, except by permission of the Legislature by a general or special statue."

On February 3, 1864, John Boyle, Adjutant General of Kentucky, sent a letter to each county in the state, requesting a report in regard to the number of men in the Enrolled Militia of each respective county who were expatriated by Legislative action of 1862, for adhering to the rebellion.

On February 22, 1864, Judge John Seaton of Greenup County complied with Boyle's request.

Judge John Seaton

Greenup Ky, U.S.A.
February 22, 1864

John Boyle
Adjutant General  ~ Dear Sir,
I enclose herewith, I think, a current list of all the persons who left Greenup County and joined the rebellion -

First those who have not returned

1 Anglin, James

2 Byrne, Peyton B. *

3 Bevins, Henry

4 Biggs, George

5 Clifton, Will H. *

6 Campbell, William

7 Campbell, Vincent

8 Hall, Saml.

9 Kendall, Travis

10 Keattey, Thomas

11 McCoy, John *

12 McComes, B. Jeff. *

13 Rust, Heny M. (killed) *

14 Womack, Jack (Died or killed)

15 Tanner, John, jr.

16 Waring, Richard

17 Imyford, John P. *


Second - those who returned after April 11-1862

1 Blenttinger, Joseph

2 Cooper, John J.

3 Cooper, Ranson W.

4 Clifton, Danl. jr. now a member of 40th Ky Mounted Infantry

5 Huffman, Ambrose now a Member of 2nd Ky Cavalry (Union)

6 Huffman, Jacob

7 Huffman, Aaron

8 Huffman, Ben. F.

9 Huffman, Henry

10 Honaker, Martin

11 Gibbs, Robert

12 Kouns, George

13 Womack, Charles

14 John J. Ratcliffe *


* John J. Ratcliffe returned February 1864 & took the amnesty oath


Third

Will. S. Kouns * returned before April 1862  He was a Capt. of a Company State Guards before he left - was Rebel capt. or officer a short time - under bonds in Covington and a rank rebel now & forever.

* Eight marked thus left in 1861 - the others in 1862


Recapitulation

17 left who have not returned

14 returned after April 11-1862

1 returned before April 11-1862

23 total who joined the rebellion from Greenup

8 of said members left in 1861 the others in 1862

1 John J. Ratcliffe took amnesty oath Feby 1864


The following persons, residents of Carter County, who live near the Greenup County line joined the rebellion

1 Butram, Redin

2 Gibbs, James (died in Dixie)

3 Huffman, George

4 Huffman, Samuel

5 Huffman, Joseph

6 Huffman, Solomon

7 Duncan, Edw. Ray

all returned after April 11 -1862 except Gibbs who died and George Huffman who has not yet returned.


I heard, not sufficiently reliable, within a few days past that several of those who, whose names are on this paper, have recently started again for the rebellion.

I have not yet had the list completed of those who joined the U. S. army from this county - will try to have it done and put down ~ I think this list will number near 1000 if not over.

Yours
"For the Union at all hazards"
John Seaton
Presiding Judge of Greenup Co


Additional Information
John Seaton was born on July 25, 1823, in the old Boone House near Greenup. In 1849, his father Samuel Seaton built New Hampshire Furnace (twelve miles west of Greenup). John Seaton was an accountant, deputy clerk, county commissioner, as well as a master commissioner in chancery for several years and was licensed to practice law. In 1862, he was elected as a Union man to the office of county judge of Greenup and served until 1866. In 1864, he supported Lincoln's re-election. He supported the
Republican party and voted for the 13th, 14th and 15th Amendment. He died on December 1, 1910.

It may be noted that when the Democrats prevailed in the August 1866 election, one of their first acts was to repeal the Expatriation Act of 1862, thus restoring the citizenship of ex-Confederate soldiers. The act was also ruled unconstitutional.

A legislative act can not make voluntary rebellion involuntary expatriation.
Burkett v. McCarty, 1 Ky. Opin. 100.

The act known as the "Expatriation Act," approved March 16, 1862, was unconstitutional.
Burkett v. McCarty, 1 Ky. Opin. 100.

A citizen may, with the consent of his state, express or presumed, expatriate himself, but no mere act of state legislation can per se denationalize him without his concurrence.
Burkett v. McCarty, 1 Ky. Opin. 100.

Expatriation because of commission of certain acts is a punishment which can not be inflicted without judicial conviction of some crime or act denounced by legislation as a forfeiture of citizenship, any more than a bill of attainder without judicial conviction can constitutionally punish a citizen.
Burkett v. McCarty, 1 Ky. Opin. 100.

Article researched and letter transcribed by Marlitta H. Perkins, October 2012, are under full copyright. Copyright © 2012. All Rights Reserved.

Salt Works of Eastern Kentucky

Salt played a major role during the Civil War. Salt not only preserved food in the days before refrigeration, but was also essential in the curing of leather and dyeing of uniforms. Prior to the war, large quantities of salt were imported from England, Portugal and the British West Indies, but a significant amount was also produced domestically. During the Civil War, salt production facilities in Saltville, Va., Virginia's Kanawha Valley and Avery Island, Louisiana, were crucial to the Confederate war effort, especially after the Union blockaded delivery of salt to the Confederate states. Union general William Tecumseh Sherman once said that "salt is eminently contraband", as an army that has salt can adequately feed its men.

The oldest and most extensive salt works in Kentucky were located in the Eastern part of the state, near Manchester in Clay County, upon the waters of Goose Creek and its tributaries. These included Langford's (later called the Lower Goose Creek Salt Works), White's (Upper Goose Creek Salt Works), Garrard's (Union Salt Works), and several others owned and operated by the Bates brothers, Francis Clark, the Reid, Horton, May, Chastain, Gibson and other families. The yield per salt works amounted on an average to 50-100 bushels of salt daily.

1864 Plat Map of Goose Creek Salt Works

In the 1860’s, Goose Creek Salt retailed in John G. Taylor's grocery store in Richmond, Kentucky, at the following prices:

April 26, 1860 - .65/bushel
August 14, 1860 - .62.5/bushel
November 5, 1860 - .60/bushel
December 3, 1860 - .60/bushel
April 27, 1861 - .50/bushel
August 15, 1861 - .50/bushel
Oct. 29, 1861 - .75/bushel
Dec. 21, 1861 - .62.5/bushel
April 27, 1862 - .50/bushel
June 19, 1862 - .62.5/bushel
July 25, 1862 - .62.5/bushel
Sept. 8, 1862 - .70/bushel
November 1862 - .85/bushel
Dec. 4, 1862 - .65/bushel
Jan. - May 1863 - .50/bushel

On September 27, 1861, troops under Confederate Brigadier General Felix Kirk Zollicoffer raided the Goose Creek Salt Works and loaded their wagon train with 200 barrels of salt, and "pulled down the flag, tore it up, and in addition, placed theirs on the same pole." Zollicoffer noted that, “The works belong to Lincoln men, but I caused it to be receipted for, with the expectation that the Confederate Government will pay for it at the price at the works--forty cents per bushel. The scarcity of the article in the Confederate States makes the acquisition a valuable one to the Army.”

Brigadier General Felix Kirk Zollicoffer

In the fall of 1862, during the Confederate invasion of Kentucky by General Kirby Smith, the Confederates carried off another 3500 – 4000 bushels of salt. Southern papers stated, “The Salt Works at Goose Creek, forty miles beyond the Gap, are now accessible to our people. A gentleman just from there informs me that there is an immense supply on hand, and that it is selling at one dollar a bushel.”

Union authorities anticipated another raid by the Confederates on the salt works. On Oct. 23-24, 1862, five major Goose Creek salt works were destroyed by US soldiers to keep them from falling into rebel hands. This included the Union salt works, owned and operated by Colonel, later Union Brigadier General, T. T. Garrard. US Brigadier General William Lovy Smith noted in his report ”the noble conduct of some of those interested in the works, especially of Mrs. Garrard, who expressed her entire willingness that not only that valuable property, but all else that she and her husband (a colonel in our service) owned, might be destroyed , if such destruction would help to restore the Union …” Smith also commented that “these salt works are situated in the midst of a population whose loyalty and patriotism are not excelled in any portion of our country.” Thus, before the work of destruction began, the loyal citizens were allowed to remove whatever quantity of salt was necessary to supply the country round about. The remainder, nearly 30,000 bushels, was destroyed by turning the water of the cisterns upon it or throwing it into pools or the creek. 500 men were engaged for 36 consecutive hours in destroying the works including pumps, wells and pipes. In one case, cannonballs were forced into the wells. The destruction of the salt works had an immediate impact, creating a shortage which in turn drove up the price of salt.


Nearly a year later, on September 3, 1863, Col. John DeCourcy, who commanded a brigade of US troops near Barboursville, KY, authorized “all loyal men who are owners of, or in any manner interested in the salt works … to resume their operations in the manufacture of salt, heretofore injured by command of government officials, and I assure them in the fullest possible manner every aid and protection the government or its officers, civil and military, can give them, it being the wish to foster and not hinder endeavors to develop the resources of the country, especially on the part of true men.”

Brashear's Salt Works in Perry County, now known as Cornettsville, were located at the confluence of the North Fork of the Kentucky River, Leatherwood and Little Leatherwood Creeks, on Highway 699, just off Route 7. The owner Robert S. Brashear began operating the salt works in 1834, with a combined work force of slaves and local laborers. The salt production for one year was reported to be 7,000 bushels.

On December 10, 1861, CSA Brigadier-General Humphrey Marshall reported that he had possession of Brashear’s Salt Works, hoping to produce 35 or 40 bushels of salt per week, including salt produced at the Middle Creek Salt Works by a second detachment, “so as not only to supply my current demand, but to enable me to pack as much meat ration as will serve this army for future purposes.”

Eventually, Marshall was able to convince Brashear to offer the use of his salt works to the Confederate government for a term of three years. On February 1, 1862, Brashear submitted the following proposal:

I propose and agree to lease to the Government of the Confederate States of America my tract of land in Perry County, Kentucky, embracing some 4,000 acres, with privilege of using the machinery thereon situated and of making salt there and of cultivating the land, and with the privilege of cutting the timber and mining the coal, for the term of three years, from the 1st day of May next, for the sum of $2,000 for the whole term, payable in equal installments annually, and with power to said Government to assign this lease and to locate troops on the land and otherwise to exercise all acts of ownership for the term through its agents, servants, officers, or assigns. The acceptance of this proposition by the President or Secretary of War is to be considered as making this contract complete, on my being notified thereof by General Marshall, or any other agent of the Government, and a copy hereof furnished to me, signed by the President or Secretary, at any time prior to the 1st of May, 1862; possession to be given at that time or as much sooner as the other party chooses to take it.

L. B. Northrop, Commissary-General Subsistence, however, was hesitant to accept the offer. “It is not recommended to decide on this question at present, as it remains open until the 1st of May. Moreover, this department has made preparations for furnishing salt in less precarious localities and sufficient quantities.”

The Brashear's Salt Works changed hands several times during the Civil War. On October 19, 1862, the Battle of Leatherwood took place between Confederate forces under Captain David J. Caudill, commanding Co. B, 10th Kentucky Mounted Rifles, who were guarding the salt works and a detachment of the Harlan County Battalion, Kentucky State Guards. Major B. F. Blankenship stated in his report, “A party of 40 men, 25 from capt Powell's & 15 from capt Morgan's companies, were detailed to go to the Salt well at mouth of leatherwood Creek in perry County, Ky to form a junction with some home guards who stated that they wished to join our company. They had not proceeded very far when they were attacked by a company of rebels under capt D J Caudill numbering 100 men. Our men returned their fire and the contest was severe for about 15 minutes when the rebels retreated leaving 5 dead on the field and mortally wounding D J Caudill their Capt. Our loss was one wounded who since died." Brashear’s Salt Works remained in business until the 1880’s.

David, in Floyd County, Kentucky, was the site of the Boone Salt Springs. It was discovered by Daniel Boone and one or two companions during the of winter 1767-68, at the mouth of Salt Lick Fork of the left fork of Middle Creek, ten miles west of present day Prestonsburg. The salt spring flowed from the foot of a rocky bluff on the southern bank of the stream. Nearly 30 years later, during the winter of 1796-97, Nathan Boone visited the area while on a hunt with his father. Settled by James Young as early as 1779, the springs were now known as Young's Salt Works, the earliest of its kind in the Big Sandy Valley. A well was sunk which enabled Young to supply salt to the early Big Sandy pioneers for decades. He lived on the tract as late as 1801. Owners included Henry Clay, Kentucky’s famous statesman, as well as John Breckenridge, the grandfather of Confederate General John C. Breckinridge. In 1805, in partnership with John Young, he owned one equal moiety of 1000 acres of land on Middle Creek, which included the salt works. Later owners included the Harrises, the Hamiltons, and others, who operated the wells. By January of 1829, the salt works were known as Middle Creek Salt Works.

Kentucky Historical Marker, David, KY

During the Civil War, salt manufactured at Middle Creek supplied both Union and Confederate troops. At the beginning of December 1861, a detachment of CS General Humphrey Marshall’s command was at Middle Creek Salt Works, making salt for the use of his army. On October 19, 1862, a force of 500-600 Confederates from Floyd’s command “were reported to be at the salt-works on the Big Sandy River above Louisa.” A bushel of salt from the Middle Creek salt works generally sold for two and three dollars during the war.

Site of the Middle Creek Salt Works, David, KY

In Carter County, salt was manufactured extensively at the Salines of the Little Sandy River as early as 1801. The community which sprang up around the Little Sandy salt works was first called Crossroads, and then renamed Grayson in 1838. One of the men engaged in salt making was Jesse Boone, son of Daniel, who, with partner Amos Kibbe, carried on the salt making business for a number of years and then sold out in 1816. By 1820, the area had become a major salt producer, manufacturing ten thousand bushels of salt yearly. By 1829, however, salt production on the Little Sandy declined, unable to compete in quality and price with the Goose Creek Salt Works in Clay County and salt operations on Green River. In 1837, Carter’s salt works was the only one still in operation.

Despite the decline in salt making it continued in Carter County throughout the Civil War, albeit on a smaller scale. Dr. Landsdowne, a Confederate sympathizer, operated a salt furnace on his property near Grayson. After his arrest by Union troops in the fall of 1861, Landsdowne left Carter County for the duration of the war and leased his house, property, store and salt furnace to George W. Mead, “with all the appurtenances thereto belonging, together with salt wells sufficient for the manufacture of salt at said furnace and the privilege of using coal, &c., in the business of making salt.” One of the conditions of the lease was for Mead, “to construct a salt furnace for the manufacture of salt at the furnace above described and opening and working such wells as the said Mead may deem most expedient."

Similar small enterprises existed throughout Eastern Kentucky which produced salt mostly for domestic use. William Jackson Cope, a Confederate soldier who served in the 10th KY Cavalry, made salt on his father’s farm on Quicksand in Perry County during the Civil War.

In the 1930’s, Tom Haddix of Breathitt County recalled the old salt works at Haddix, situated on Lost Creek, near the mouth of Troublesome. “Salt water was piped into a cistern and then piped so it would run into the salt kettles. We built a furnace of stones, made a hot fire in it, and put the kettles of water on to boil. The water boiled down and left the salt. The most of the kettles were large … During the war we made just about enough salt for the people around here.”

Haddix noted that “the Nobles had a salt well, too.” Granville Pearl Noble told about his family’s salt operations in Breathitt County,” Yes, we'd salt wells, one on Lost Creek. I made salt, myself, during the Civil War. We would pump the saltwater by hand, then we'd put it into the big salt kettles and boil it about two days and a night. When it boiled down, we'd have salt. The neighbors came a long way to get the salt. During the war we just made enough for our own use because we couldn't get a price for anything.”

One of the larger salt enterprises in Eastern Kentucky belonged to a Confederate general but, ironically, his salt works never contributed an ounce of salt to either army. Warfield was established in Lawrence County, now Martin, in the early 1850's as a coal, salt and lumber community by George Rogers Clark Floyd and John Warfield of Virginia. It is located on the Tug Fork of the Big Sandy River, some sixty miles above Catlettsburg. On March 3, 1857, George Rogers Clark Floyd deeded all the Warfield property to his brother John B. Floyd. On May 23, 1861, Floyd was commissioned brigadier-general in the Confederate Army and subsequently had command of the "Virginia State Line," which operated mainly in western and southwestern Virginia. Upon his departure, Floyd left agents in charge to look after the welfare of the property. Great quantities of salt were made at Warfield before the Civil War which were transported by boat to Catlettsburg but at the beginning of hostilities production ceased. On January 21, 1862, Floyd’s vast Warfield property of 15,000 acres came under a sheriff's sale and was acquired by two Kentucky Union officers and their spouses, Colonel Laban T. Moore and wife Sarah, Col. George W. Gallup and wife Rebecca, as well as Joseph Tromstine, a Cincinnati investor and his wife Bertha. Thus the Warfield salt works remained in Union hands throughout the war and out of reach of the Confederacy. The production of salt was resumed after the end of the Civil War.



Links of Interest

Confederate General John B. Floyd and the Warfield Saltworks

Skirmish at Landsdowne Hall

Little Sandy Salt Works

The Battle of Leatherwood

Goose Creek Salt Works Village
A project of the Clay Co. Genealogical and Historical Society

Manchester Virtual Tour

One Foggy Morning in Barbourville, Kentucky
By Ray Atkins

Article was researched and written by Marlitta H. Perkins, Aug./Sept. 2012 and is under full copyright. Copyright © 2012. All Rights Reserved.