The Ruin of Cassville - History of a Virginia Bordertown during the Civil War

 At the time of its creation Cassville was located in Wayne County, Virginia. Today, the town is part of West Virginia and is known as Fort Gay. It was laid out on a 15 acre parcel of land that is situated at the Forks of Big Sandy. After the state won a lawsuit against the original land owners in 1847, the property was turned over to Frederick Moore, a well-to-do merchant in Wayne County who had come to the area from Philadelphia about 1815. He lived in the first house below the proposed town of Cassville. 

Frederick Moore
Image: Collection of author

Moore divided the land into lots and streets. Most of the streets were named after US presidents, with the exception of Front Street which faced the river and Wayne Street which was the direct route from the ferry landing in Cassville to Trout's Hill, the county seat. The ferry, operated by George R. Miller, connected Cassville with Louisa, the county seat of Lawrence County, Kentucky, and landed at the end of Main Street. 

Plat Map of Cassville, Virginia, Sept. 2, 1856

The first lots in Cassville were sold in 1850. Lot No. 1 with the Ferry House was first owned by Minville Thompson. 

Lot No. 2 was bought by John Ferguson, Sr. in 1851. In 1852, William Ferguson, Sr. purchased the neighboring Lot No. 3. Both Ferguson lots were listed with "enclosed buildings." The same year, John Ferguson sold Lot No. 2 to William Ferguson, noting "house and lot where they (John and wife Margaretha) now live." By 1879, Lots No. 1, 2 and 3 were known as the old Henry Property. 

In 1851, James Ferguson purchased lot No. 4 from Moore, "laid out for Ferguson, upon which he has erected buildings." By 1854, the lot had reverted back to Moore who in turn sold it to John Bromley. 

Elias "Aly" Thompson lived on lot No. 5. A store building was fronting Wayne Street. On the back part of the lot was Thompson's home which became known as "Aly Thompson's House." Thompson also owned neighboring Lot No. 6.

No. 7 was known as the "Mitchel lot", likely named after David Mitchell & wife Melvina, who ran a saddler shop.

In 1854, Frederick Moore sold Lots No. 9 & 10 to James Stone. He also owned Lot No. 11. Stone was a merchant. Based on the records, he operated his store on Lot No. 9. This lot was later known as the "grocery lot." His wife Nancy ran a hotel on Lot No. 10. Their residence was on Lot No. 11. In addition to being a businessman, Stone held the office of judge in 1861. In October of 1861, his name appeared on a list of suspected Confederate sympathizers.

Lots No. 15 & 16 were purchased by William Vinson from Frederick Moore. The exact date is unknown since Moore failed to make a deed (an oversight that was corrected in 1873 by his widow Permelia). 

Permelia VanHorn Moore
Image: Collection of author

Some of the remaining lots still owned by Moore had in all likelihood houses, stores, etc. built on them and may have been rented out. Based on the 1860 Cassville, Virginia census, Lot No. 6 may have been where Martin Frasher, a merchant, kept his store. Lot No. 12 was most likely occupied by Washington Ratliff who was a direct neighbor of James Stone. Lot 13 and/or 14 may have been the location of Stephen M. Marcum's blacksmith shop. He also worked as a gunsmith. Martin Coffman was the town's carpenter. It is not clear where his business may have been located but it was near the business section on Wayne Street. Harmon Loar, a prolific businessman, also called Cassville home. His business dealings included shipping agricultural products for area farmers to markets on the Ohio River via the Big Sandy. In return, many of the area families relied on Harmon's suppliers for many of the farm tools and luxury items they needed. So far, the exact location of the homes of these Cassville residents remains unknown.

On September 7, 1855, the first Post Office in town opened and was named Fort Gay. The first postmaster was William Ferguson who held the office until March 12, 1857. He was replaced by Richard F. Vinson who served until July 29, 1857. Andrew Eves was the next postmaster who served for two years until August 4, 1859 when George F. Ratliff took over the office. He was replaced by Ezekiel Stone on November 28, 1859, who was postmaster until February 3, 1860 when the post-office was discontinued. Ezekiel Stone may have been either the father or son of James Stone, so it is very likely that the post office was located either in his store or hotel.

When the Civil War began, active recruiting began almost immediately after the first shots were fired at Fort Sumpter. The political climate in Cassville and the town's immediate neighborhood was overwhelmingly Southern. There were some Union supporters such as Frederick Moore whose son Laban T. Moore was a lawyer and politician who represented Kentucky in the Thirty-sixth Congress until March 1861. He helped raise the first Union infantry regiment in the Big Sandy Valley, the 14th Kentucky Infantry, and served as the regiment's first Colonel.  

William Vinson, the oldest son of James Vinson, was an extensive farmer and saw log dealer. When the Civil War began, it was said that, "he with alacrity flew to the standard of his country, and gave valuable assistance in filling the ranks of the 14th KY, and while not able to do personal service in the field, he was a good loyal Union man until the war closed." It was not uncommon, however, that political divisions existed even within communities and even families. Vinson's younger brother Lazarus "Lace" Vinson joined the Southern cause and served in Swan's Battalion. Stephen M. Marcum's son Thomas Damron Marcum joined the 14th Kentucky Infantry and soon rose to the rank of Captain of Company K, while another son, William W. Marcum, joined the 8th VA Cavalry. Stephen M. Marcum's cousin Jack Marcum also joined the Confederates and soon managed to make a notorious reputation for himself.

One of the earliest Wayne County units was the Fairview Rifles, commanded by James M. Cornes, which later became Co. K, 8th Virginia Cavalry (CS). One of the Fairview Rifles members was Cassville resident James F. Anderson, a timberman who boarded with Harmon Loar. Anderson later became Captain of Company K, 16th VA Cavalry. 

A number of area residents joined the 8th Virginia Cavalry (CS): Thomas Short (s/o Nora/Nary); Ezekiel Stone, Moses and William M. Stone (s/o James); William M. Marcum (s/o Stephen M.); Lewis and Nathan H. Frasher (sons of John L.); John Walker.

In no time at all Cassville became a hotbed of activity. Some of the recruits made forays into Kentucky which at the time was neutral. An eyewitness recalled how in May of 1861, a small party of rebels on recruiting duty were encamped at Cassville. "Every day for about a week a squad of six to ten would come over to Louisa, mounted, and ride through the principal streets of the town. They were in citizen's clothing. At other times we would see one or two around town on foot. They did not appear to be armed, unless with sidearms." 

In the summer of 1861, it was reported that several mails had been robbed in the counties along the Kentucky and Virginia line, "by men, who came from Virginia, across the line, for that purpose." One such incident took place on Wednesday, August 21, 1861, when the mail from Louisa to Warfield, via Cassville (VA), was robbed. Nathan Holt, a wealthy Wayne Co. VA farmer and one of the first local constables, was the mail contractor. The mail boy, his 17 year old son Bernard P. Holt, had left Warfield at 6 o'clock in the morning with the mail and was travelling on the Virginia side of the Big Sandy River toward Cassville. About 5 o'clock in the evening, when within 1 1/2 miles of town, Bernard noticed two men, Alex. Vinson and John Walker, on the roadside waiting for him. The boy was knocked off his horse by Vinson and Walker who swore that they were going to have that Lincoln mail. Bernard Holt engaged in a fight with Walker while Vinson cut the mailbag and took out and destroyed all the mail matter, and then took the horse from the boy. Both men left together

Bernard P. Holt alerted the citizens who made pursuit and captured Vinson about three miles from the place of the robbery. He was brought back to Cassville, and had a hearing before Justice James Stone, who held him over for further trial. Vinson was then put in the custody of Constable Bow, who summoned two citizens as guards to watch Vinson through the night. He however made his escape before morning. The Sandy Valley Advocate noted, "He and Walker are now at large. From what we can learn, all the officers were secessionists, as well as the guard, and therefore do not wonder at the escape of the prisoner."

In early September 1861, two companies of the Fifth Virginia Infantry, under the command of Major Ralph Olmstead, came to Cassville and remained for some two or three weeks, recruiting up Tug River. On September 28, 1861, according to John Frew Stewart, "When on their return, Major Olmstead bringing up the rear, they stopped at the Fred Moore, Sr., house, the first below Cassville. He did not dismount but talked to someone on the porch of the house, when he was shot by the enemy from the graveyard point opposite the house. The ball entered his head back of one ear, coming out just above the eye. He fell from his horse dead." Lieutenant Baisden was mortally wounded and succumbed to his wounds five hours later.

On October 15, 1861, Co. E, 5th WV Infantry was ordered to Cassville, mainly due to the incidents that had occurred there during the previous month. The men encamped in town on October 16. On October 19, they proceeded to Bromley Ridge and attacked a body of 40 rebels at John Jarrell, Sr.'s homeplace, killing nine, taking nine prisoners and nine guns. From there, the men continued scouting the upper part of Wayne for another two weeks.

In the fall of 1861, Jack Marcum began recruiting men from Wayne County as well as Lawrence County, Kentucky. He was able to assemble a group of nearly 100 men and began terrorizing Unionists along the Big Sandy River. On December 16, 1861, in consequence of rumors that a superior number of Confederates under Gen. Humphrey Marshall were advancing upon Louisa from Prestonsburg, the 14th KY Infantry retreated from their camp in Louisa and went to Catlettsburg. After the departure of the regiment, Jack Marcum paid Louisa a visit and rode through town accompanied by only one man, "in broad day light, and no one attempting to take him."

The 14th Kentucky returned to Louisa on December 21, 1861. The following morning, shots were fired from Cassville at the men who were encamped at Camp Wallace. Captain Means noted, "Five of my men were fired on from the Va. side of the river. They were on the Ky side [in the] morning "nobody hurt". five shots were fired - none of my men were armed." 

On December 26th, after finally receiving their guns and equipment, the remaining companies of the 14th Kentucky left Louisa for the mouth of George's Creek to join Garfield's main force on their way to meet Humphrey Marshall's troops. This left Louisa in a vulnerable position. 150 tons of army food were still stored by the river, ready for transportation, but only three companies of infantry were left to protect them. 

J. D. Stubbs related in a letter to Garfield that, “we have intercepted letters which Lead us to believe this place will be attacked from the Virginia side within a day or Two  I think that there is a great probability of it  we have been ___ the past 2 days and the most reliable Letters think a dash will be made Since our Supplies there must be at least 150 Tons here on the Bank of the River.” Captain Barber's men, 42nd OVI, were encamped just beyond the town limits. Shortly before sunset, a messenger arrived with the news that an attack was expected by a force of 300 men under Jack Marcum. 50 men of Barber's company went down to the river to assist in guarding the government stores but the expected attack was not made and the men spent a miserable night in the courthouse. 

On December 29, 1861, Booker Johnson, a private in Co. F, 14th Kentucky Infantry, was shot at Cassville. The bullet ripped through his right shoulder and left side. George W. Kirk was standing within six feet of Johnson when he was shot. Kirk noted that he pulled a piece of blouse from the wound. Johnson survived the attack. Just one day later, on Dec. 30th, 1861, Jack Marcum came within three miles of the Union lines and murdered a Union man in his own home. 

Garfield detailed Captain Thomas D. Marcum of the 14th Kentucky Infantry to lead scouting parties and encountered Jack Marcum on occasion. Despite the fact that both men were related, “Jack and Thomas have exchanged shots a good many times; both are dreaded by the opposite party," according to Lt. Col. Sheldon, 42d OVI.

In March 1862, after Colonel Garfield's Campaign against Humphrey Marshall was successfully concluded, Colonel Jonathan Cranor, 40th OVI, became the ranking Union commander in the Big Sandy Valley. His style of managing the district differed considerably from Garfield's who believed in conciliatory policies when dealing with the local population. Cranor preferred handling rebels with a firm hand which made him quickly unpopular. 

In the early summer of 1862, there were rumors or threats of the burning of Cassville, as revealed in a letter by a female Confederate spy who arrived at Cassville by boat with three heavy trunks, suspected of containing weapons and ammunition. She spent some pleasant time with like-minded friends in town before continuing on her journey into Eastern Kentucky. After her return to Catlettsburg on June 29th 1862, she addressed a letter to "to Miss Marey Mitchell  Miss Edea Stone  Mis Nancy Ann Ratiliff and all the young laidies and Mared [married] ladies and People in Jenerall of Cassvill VA." She wrote, "Deare friends fore as people of Virginia I leave here said and all her people I must call you all friends ... I will bee Back up here in About three Months  I think then I Will have some time  I hope that Nothing has happend to you all thare  I herd that they was A going to burn the town But I hope they Will Not  I Will leave here this morning or to Morrow Morning  I expect I Will let you here from Me at gaine at My Next Post ... fare Well  May godes Love Peace and grace Rest With you all and Keep you from harm  My undieing Love fore the people of Virginia"

Whatever plans may have been in place for the destruction of Cassville, it is quite possible that they originated with Colonel Cranor - or at the very least, he was blamed for them. Shortly after July 18, 1862, when Cranor moved his troops and headquarters from Prestonsburg to Louisa, Kentucky, rumors of an assassination plot against Cranor surfaced. A man named Aldridge was overheard in Cassville making threats against Cranor. According to witnesses, Aldridge devised a plan to assassinate him and, together with James Smith, bought a gun for that very purpose. He hung about the hillsides, watching for Cranor, with the intention of shooting him the first time he came out with his regiment on dress parade. Aldridge's plans, however, never materialized, quite possibly because a large scale Confederate invasion of Kentucky was looming over the state. Cranor would soon have his hands full. Chances are he would be attending to business rather than attending dress parades. 

Humphrey Marshall's troops were at the SW Virginia border, once more threatening the Big Sandy Valley. It was feared he would invade Eastern Kentucky and move toward the Ohio River. By August 2, 1862, Cranor believed that a raid into Southeast Kentucky by Jenkins' cavalry and others was imminent. 

As the situation unfolded, it seems to have stimulated Confederate enlistments in Wayne County and around Cassville. Milton J. Ferguson was recruiting for the 16th Virginia Cavalry. Cassville area men who joined were Ezekiel Stone, (s/o James), with the rank of Sergeant Major; James S. Parks and his sons James and Macajah; Robert Harrison Parks (brother of James S.) and his son Thomas; Lewis Frasher, (s/o John L.) and his uncle Elias Frasher; William Dyer, with the rank of sergeant; William Wellman (s/o James) and his cousins Oliver and William Wellman. 

After the Confederate invasion of Kentucky was in full force, the situation in the Big Sandy Valley became unsustainable for Cranor and his men. On September 18, 1862, he was forced to move his troops from Louisa to Catlettsburg. A trooper in McLaughlin's Squadron reported that the unit's relocation from Louisa was necessary because the town was in danger of being surrounded by Marshall's forces. For the next two months, the Big Sandy Valley was virtually swept clean of Union troops. 

According to reports, by October 19, 1862, the rebels were, "in possession of the portion of Northeast Kentucky embracing the counties of Greenup, Carter, Lawrence, and others to the southward as far as Pike, and are committing depredations upon the property and outrages upon the persons of loyal citizens which call for prompt repression. The forces alluded to--mostly guerrillas--are not understood to be large, not exceeding 500 or 600 at most. Another force of about the same strength, said to belong to Floyd's command, is reported to be at the salt-works on the Big Sandy River above Louisa." 

Colonel Cranor did not return to the Big Sandy Valley with his command until November 14, 1862, when they arrived at Catlettsburg. Cranor wasted no time and moved most of his men to Louisa by November 19, 1862. The 84th Indiana Infantry did not join Cranor's troops until a month later. On December 14, 1862, after traveling the Sandy River pike on the Virginia side, the regiment arrived in the vicinity of Cassville at 8 o'clock in the evening. One of the soldiers noted, "the men, worn out by the forced march, and thinking of dropping down by the roadside caught sight of camp fires of the 40th Ohio, about a mile ahead. The band struck up "Hail Columbia," and in a few moments the boys of the 40th were swarming from their bunks to the bank on the opposite side of the river. As soon as the 84th was identified, it was welcomed with roaring cheers from the camp across the river, who graced it the more warmly as their force was thought to be too weak for the place it garrisoned. Col. Cranor of the 40th, who commanded the Brigade, entertained the field officers and held a jubilee at headquarters. Orders came to the 84th to go into temporary camp until morning and, as fence rails were plenty, a few minutes sufficed to illuminate the camp and to prepare supper."

84th Indiana Infantry, Company C
Source: Public domain, via Wikimedia Commons

The next morning, like a herd of foundered horses, the men of the 84th were out limping about camp, performing the usual morning duties and surveying the strange country about them. At the head of the regiment was the little town of Cassville, Virginia." "... it was occupied principally by secesh families ... Cranor gave orders for all to leave except two families," noted another soldier.

"At six o'clock in the morning after our arrival at this God-forsaken portion of America, an order was read to the citizens giving them two hours to vacate the town and move beyond our lines. One family that had furnished a volunteer for the Union army, and a widow with a large family of small children, were the only ones allowed to remain." One can only speculate as to who these two families were that were spared. Stephen M. Marcum's family seems like a logical choice since his son was a captain in the 14th Kentucky and was serving in the Atlanta Campaign during this time. Widow Nary Short may have been the second person whose home was spared from destruction.  

By eight o'clock the town was uninhabited. Then commenced the work of destruction. Cranor "ordered the soldiers to demolish the houses, which was done in double quick." "Every vacated house was torn down except a few reserved for hospital use." "The lumber was used in building bunks, laying floors in tents, etc., etc. At ten o'clock the town was in ruins and the soldiers cosily quartered in a comfortable camp."

New Castle Courier, March 3, 1871

As it turned out, Cassville's destruction was Cranor's last hurrah. He resigned from the 40th OVI on February 5, 1863, on account of disability and accepted a position as Military Claim Agent for the State of Ohio on April 29, 1863. 

The damage Cranor inflicted on the town seems to have been thorough. An 1864 map of Louisa, created by Lt. Col. J. H. Simpson, Corps of Engineers, US, and dated July 1864 to June 1865, shows no trace of Cassville whatsoever, aside for the ferry landing and Wayne Street.

 Lt. Col. J. H. Simpson's map 

With the exception of James Stone, not much is known about the displaced Cassville families. Stone eventually ended up in Catlettsburg by 1864, from where he sold his Cassville lots No. 9 & 10 to William Bartram. Afterwards, he moved to Cincinnati, Ohio for some time before returning to Cassville after the war. 

In 1864, the town began slowly to struggle back on its feet. The IRS Tax Lists for 1864-1866 show that the first business to return to Cassville were Moore & Rowe in May of 1864, who partnered in a manufacturing business. In November 1864, Bromley & Wellman began working as butchers of cattle until July 1865, when John L. Frasher took over the job.  

In July 1865, Thomas D. Marcum went into the retail business under the name T.D. Marcum & Co. In August 1865, Z. C. Vinson opened a second retail business in Cassville and David Mitchell returned to operate a manufacturing business, most likely his saddle shop. 1865 also saw the return of Harmon and Peter Loar.

In January 1866, Samuel Short, Jr. bought Lot No. 22, built a two-story dwelling house and opened a retail business. In March 1866, William Bartram established a hotel and in May 1866, Perry, Arnold & Co. opened a retail business. After giving up butchering in 1865, John H. Bromley went into the lumber business in July 1866. In November 1866, Workman & Co. began selling liquor and James Stone finally returned and opened a second hotel in Cassville. Also still in business were T. D. Marcum & Co., Z. C. Vinson and John L. Frasher. 

Despite the progress that had been made, peace did not come easily, especially for Unionists or those who were serving in some official capacity for the new state government of West Virginia. On March 23, 1866, John W. Holt, Assessor of District 2 in Wayne County, wrote a letter to West Virginia Governor Boreman, calling for troops because of continued unrest in town. He noted, "I live and keep my office in Cassville and it is with extreme difficulty and under great danger and hard threats that I am getting along. My entire neighborhood is Reb with the exception of old Squire Bartram and his boys one of which is our high Sheriff and other Capt. Dave which is our Deputy Sheriff. ...We have been beat by mobs and shot at on the streets and desire to help ourselves....We must have from 25 to 50 men here in Cassville or else we must get out of here. This is the landing place for all the lumber men that comes down Tug River. Them big buck Rebbells comes down in time of high water sometimes by the dozens from Logan Co. & from Pike Co. Ky with their __ buckled around them "hurrawing" for Jeff Davis, cussing the government, cursing Union men & then we have to get out. Sir, I frequently see men come in here who are indicted for murder in Kentucky defying any body ... Sir a few days ago they gathered in here and raised a riot with our high Sheriff and fell on him with clubs & weights & tried to kill him and his brother. His brother ran into my house for protection. They stoned my window, knocked two panels out of my door & like to killed my little child. ... If you see fit to protect us send the commitions immediately the men can be raised in a few days ... Sir we have plenty of arms which belongs to the state that can be gathered up."

On March 9, 1867 the Fort Gay Post Office was re-established, with George W. Adkins as postmaster. By June 1868, the situation in and around Cassville remained unstable. Lt. Col. S.W. Crawford, 2nd US Infantry recommended that a company should be stationed at Cassville because "the whole complexion of things is very different from that existing in the interior of West Virginia."   

Accordingly, on July 4, 1868, Company B, 2nd US Infantry, under the command of Captain Francis E. Lacey, marched from their post at Guyandotte via Wayne Court House, to Cassville, where they arrived on July 5, at 11 o'clock in the morning. During the following four months, Lacey and his men remained at Cassville and played the role of peacekeepers. Their assignment ended in October 1868. 

Peace eventually returned to Cassville and wounds began to heal. Over time the town began to flourish until the 1880s when it was visited by several fires. In May 1883, ten houses were burned. Less than a year later, in February 1884, arson destroyed two hotels, three business houses and several residences. In October 1888, Samuel Short's two-story dwelling house went up in flames.

173 years later, little is left of Frederick Moore's vision of Cassville. Gone are the ferry and river boats, the hotels and businesses. Only a few of the older buildings remain, keeping the memory of a bygone era alive for just a little while longer.

Empty lot in former Cassville
Image by author, November 2022

Old home in former Cassville
Image by author, November 2022

A special thank you goes to Angel Thompson whose knowledge of local Cassville/Fort Gay history has been of tremendous help. 

Links of Interest

Roster of the 8th Virginia Cavalry

Roster of the 16th Virginia Cavalry

James Aldridge - Outlaw or Avenging Angel?

Dear John ~ The Hazards of Mail Delivery

Researched, transcribed and written by Marlitta H. Perkins, January 2023. Copyright © 2023, All Rights Reserved.

John McConnell Rice

John McConnell Rice was born in Prestonsburg, Floyd County, Kentucky on February 19, 1831, the son of James Madison Rice and his wife Jane H. Burns. Rice, undoubtedly, was named after John M. McConnell, a lawyer from Greenup County, Kentucky, who was a close friend of his father.

John McConnell Rice
Brady-Handy Collection, Library of Congress

In 1805, James Madison Rice, himself a successful lawyer, had come with his parents from Gyandotte, Virginia to Greenup County, Kentucky, who settled in the Coulton (now Boyd County)area. He moved to Floyd County, KY, when he was elected county attorney in 1827. Subsequently, he held various offices during his distinguished career - Magistrate (District 6, Floyd Co., KY, 1832) and circuit judge (Floyd Co. KY, 1850/Lawrence Co. KY, 1868). By 1850, Rice was also a substantial slave holder, who owned 14 slaves.

His son John M. Rice received a rudimentary education in Eastern Kentucky. He soon decided, like his older brother Jake, to follow in his father’s footstep and pursue a legal career. In 1850, the 19 year old was living in Lawrence County, Kentucky, in the household of his father and was listed as a student at law – but law books were not the only thing that held his interest. During the previous summer, Rice met 16 year old Junietta Garrett, who was living with her brother Marshall, the wharf boat keeper, in Louisa. Their romantic relationship resulted in the birth of a daughter, Mary Louise, on March 15, 1850. The child did not appear in the 1850 census with either parent and may have been raised away from Lawrence County, quite possibly to avoid a scandal.

Rice did not marry Junietta - perhaps she was not considered a proper match for John M. Rice or regarded as an unwelcome distraction to his blossoming career. He soon left Lawrence County to attend Louisville Law School from where he graduated in 1852. Within months of his return, on November 25, 1852, Rice was married to Sarah Frances Poage, the daughter of William Poage and Eliza Van Horn. Her aunt Permelia VanHorn was the wife of Frederick Moore, a prominent business man in Louisa. His son Laban T. Moore, a lawyer and future US Congressman, would later raise the 14th KY Infantry, the first Union regiment in the Big Sandy Valley.

Frederick Moore

Permelia VanHorn Moore

In 1853, John M. Rice was admitted to the bar and soon thereafter opened a law practice in Pikeville, Pike County, KY. On January 30, 1854, his daughter Eliza J. Rice was born. During the same year Rice was elected superintendent of schools of Pike County and in 1856, prosecuting attorney of Pike County. Rice soon set his sights on a political career and successfully ran for state representative in 1858. In 1861, he ran for re-election and won another term. It was during this time that John M. Rice relocated to Louisa. Meanwhile, his family had grown steadily. The Rices welcomed daughter Ida in 1856, Adda Maria on Feb. 5, 1859 and James William on July 22, 1861.

Unfortunately, their happy home life was overshadowed by the outbreak of the Civil War. John M. Rice was regarded as a southern sympathizer and even though he did not try to influence any one to join the confederate forces, according to John Dils, Jr., he “was a warm advocate of their cause; when talking on the subject of the war, he always spoke in their favor.” In May of 1861, Dils sold him a shotgun which Rice later nicknamed “Yankee Killer.” During the summer of 1861, Rice gave speeches at several political meetings in Eastern Kentucky, including Louisa, KY. Thomas McKinster recalled that “the subject discussed to the best of my recollection was neutrality. There was no disagreement at the meeting as I knew of - no one replied.”

Meanwhile, Rice approached John Pigg, a local Louisa blacksmith, and asked him to make him a saber but Pigg declined because it “did not suit my principles … I was for the Union.” Yet, John Keller, who owned a saddle and leather shop in Blaine, made a cartouche-box and pistol-case for Rice.

Around the middle of September, 1861, John M. Rice left Louisa on a business trip to Prestonsburg, in order to collect money. He was accompanied by Melissa Franklin and Mrs. A. A. Wellman.

When Rice arrived at Prestonsburg, the Confederates were in the process of establishing a camp near town, on the farm of Samuel May. There was a great influx of people from all over the state who were either on their way to Virginia or had made the trip with the intention of joining the Confederate Army.

Samuel May House
Prestonsburg, KY

Rice established himself in Milton Freese’s hotel in town and was soon visited by two Lawrence County men, George R. Diamond who had known Rice since his childhood, and Jesse Meek. According to Diamond, “there was a company temporarily organized at Prestonsburg by John Sparks. In that organization Jesse Meek was elected first lieutenant and myself second lieutenant, and from some cause I do not remember, Sparks left the company.” Diamond and Meek tendered Rice the command of the company, but he refused to accept it.

According to Daniel Hager, several companies, or parts of companies, had come to Prestonsburg for the purpose of joining the Confederate army under John M. Rice. Even though Rice was sympathetic to the Southern cause he had no intentions of entering the military service or recruiting for the Confederate Army. Hager noted that “those parts of companies who came there said that they had come for the purpose of joining the army, and if such men as John M. Rice and J. M. Elliott and others would not go into the army they would not; and they disbanded and went home, and I understood afterwards that a large portion of the men went into the federal army.”

Rice endured a great deal of harsh criticism for his course of actions. Hager remarked that “the officers considered, by said act, there was at least one regiment of men lost to the confederate army, and they blamed John M. Rice and others for not going into the army, as he was considered a man of influence in the Big Sandy Valley.” George R. Diamond noted, “I do know that he incurred the displeasure of the confederates. I frequently heard General John S. Williams say that Rice could, if he would, recruit a regiment or brigade in Northeastern Kentucky if he would. I heard him say that such men as John Rice should be forced to go into the confederate service or leave the country. I have also heard other confederate officers complain of John M. Rice's not entering the confederate service.” According to James Honaker John M. Rice was “considered at coward, and abused by Williams’s men and officers; and I heard John S. Williams curse him to his face and tell him he was a coward or he would join the army. The abuse above named was because he would not join the army and aid them in the army.”

Colonel John S. "Cerro Gordo" Williams

While still at Prestonsburg, Rice’s sister Amanda arrived and brought the news that their father, as well as two of his brother-in-laws, George B. Poage, and Samuel Short, had been arrested by the federal authorities. Rice immediately realized that he was in danger of suffering the same fate. He informed Mrs. Wellman that he did not intend to return to Louisa and requested her to tell his wife to send him word when it was safe to come back home. He then concluded his business in Prestonsburg and traveled further up the Big Sandy where he boarded with Hibbard Williamson at Pikeville. Williamson noted that Rice “came up here to keep from being arrested and sent off to prison. His wife sent to him while he was at my house … not to come home, for he was in danger of being arrested and sent off.” Rice left Williamson’s place after two weeks but soon returned upon Jake Rice's wife’s request. “Jake Rice was taken sick,” noted Williamson, “and we all thought he would not live, and he was sent for to come and see his brother; he staid with me all the time he staid in town or while he staid in the county…”

During the Battle of Ivy Mountain, Rice was still at Williamson’s place but decided that it was time to leave. The following morning, on November 9, 1861, John M. Rice, together with his brother Jake and Coburn Cecil, Jr. left Pikeville ahead of the Confederate troops, and went on their way to Southwest Virginia via Pound Gap. Cecil noted, “John M. Rice and myself, together with others on the approach of Nelson and his forces, left and went out to Virginia; my reason for going was the rumor and personal enemies that was with Nelson and his forces; I did not think it was safe to fall into their hands. The rumor was that they were treating the citizens very badly; was killing or would kill them, or many of them. From the conversation that I had with Rice the same reason induced him to go to Virginia that induced me.” Talk was that lawyers, as a class, were, as a general thing, hunted down and mistreated, especially by those who had been prosecuted for crimes or those who had been in litigation.

The men proceeded to Abingdon, Virginia and boarded at the Virginia Hotel (also known as Benham’s Hotel). According to Jake Rice, “soon after we got there C. Cecil, jr., was taken sick and John M. Rice put in the most of his time in waiting on him.”

During his stay at Abingdon, Rice was visited by John Dils, Jr.’s wife Ann whose husband had been arrested by Col. Johns S. Williams, along with other Pike County Unionists and sent off to prison in Richmond, Virginia. Ann Dils turned to Rice for help, asking him to accompany her to Richmond to assist her in pursuing her husband’s release. Rice declined, stating that he, for the moment, was taking care of Colbert Cecil, Jr. and that he had determined to return to his home. He also doubted that his presence in Richmond would do any good. Nevertheless, he addresses a letter to William E. Braxton & Henry C. Burnette, the only acquaintances he had in Richmond, appealing to them to assist Mrs. Dils in pursuing her husband’s release. He explained the reasons for Dils’ arrest and gave assurances that Mrs. Dils was a lady of respectability. Ann Dils carried the letter to Richmond and eventually affected her husband’s release from prison.

John M. Rice returned to Kentucky about the time when General Humphrey Marshall and his troops were moving from Virginia through Pound Gap into the Big Sandy Valley at the beginning of December 1861. Once again, Rice boarded at Hibbard Williamson’s house but was also seen on occasion in Floyd County, Kentucky. When General Marshall and his troops arrived at Prestonsburg, he had a chance encounter with Rice at Friend’s Tavern. Marshall, as other Confederates before him, felt that Rice should be aiding the Confederate Army and he “urged him to exert himself in raising a command; but he declined; at least he took no step in that direction.“ Marshall continued, “I remember this because I remember the solicitude upon the subject, as I knew the influence of his family in the mountain counties of Kentucky, and I was anxious to avail our cause of the benefit to result from such an accession. I failed to secure it in the person of Mr. Rice, and thought he was acting badly to refuse to give his services to a cause which then commanded my best wishes, and to which I was devoting my own energies.”

General Humphrey Marshall

On January 10, 1862, Marshall engaged James A. Garfield in battle at Middle Creek, near Prestonsburg, which resulted in a Confederate defeat. Miles away, at present-day Betsy Layne, John M. Rice, along with another guest, Stephen G. Loar, was lodging with James Shannon Layne, a well known early pioneer settler in Eastern Kentucky, and his wife Caty.

James Shannon Layne and wife Caty (Hager) Layne

The conversation turned to Anthony Wayne Hatcher, who was married to Layne’s grand-daughter Jane Layne. Hatcher had been wounded severely in November 1861 during the Battle at Ivy Mountain when a bullet shattered his leg. Despite his wounds, Hatcher had managed to escape capture and was being cared for by the Tandy Stratton family. Rice and Loar decided to visit Hatcher, who lived about a mile above the Layne’s opposite the mouth of Mud Creek (present-day Harold, Floyd Co. KY) where he operated a store. The following day, according to plan, the two men set out for Mud Creek. As a precaution, Rice left his horse at Hatcher’s neighbor James W. Cecil, who lived across the ridge from Hatcher. Lucas B. Sword and Harrison Ratliff were visiting at the time at Widow Hatcher’s place, which was just across the river, about 300 yards away, to hear how the fight came off at Middle Creek. Sword and Ratliff witnessed what happened next.

At Anthony Hatcher’s house, Rice and Loar found another man, David A. Powell, who was visiting. Before long, a group of local home guards and soldiers under Lieutenant Martin Thornsberry, who had been on a hunt after a man named Platt Moore on the near-by Stratton farm, arrived at Hatcher’s place. Upon entering the house, Rice, Loar and Powell were promptly arrested. Thornsberry’s group included Dr. Stephen M. Ferguson, who lived nearby, as well as Lewis, M. C. W., Thomas J. and Henry C. Sowards, and “a good many others, some twenty or twenty-five, composing the party making the arrest.” Thornsberry, who had known Rice for more than twenty years, struck up a conversation with him and noted that he “was very badly scared at the time of his arrest. I think he regarded his life in danger ... I know that the Sowards were very malicious toward Mr. Rice.” He implored Thornsberry, “to keep them (the Sowards) from killing him, and asked me if I would let them kill him, and I told him I would not.” According to Thornsberry, Rice stated, “if I would not let the Sowards hurt him, he would get his pistol and give it to me; he got the pistol and gave it to me. He said he had a good horse, and asked me if I would let them take it away from him? I told him no; that he might ride it himself.” Lucas B. Sword witnessed, “Thornsberry, I thought, and some other man, go across the ridge to James Celis (Cecil’s), after Rice's horse, and seen them leave Anthony Hatcher's with John M. Rice on his horse.”

Thornsberry and his men proceeded with their prisoners to federal headquarters at Paintsville and delivered them to Col. J. A. Garfield, with the exception of David A. Powell who had jumped off his horse and managed to escape into the darkness of night.

Garfield examined Rice’s case and interviewed Thornsbury, asking him why he had brought Rice to Paintsville. He stated that Mr. Rice was a member of the Kentucky legislature. “That fact, at that time, to my mind seemed to be prima facie against Mr. Rice, so far as his loyalty was concerned,” noted Garfield. “Still, I did not consider it as conclusive. I asked Thornsberry whether he had any evidence that Mr. Rice belonged to the rebel army. He stated he found him twelve or fifteen miles south of my encampment, and in the neighborhood where the rebel army had recently been. I further examined him as to any evidence he might possess that Mr. Rice belonged to any rebel force. There was no evidence given to me that he belonged to the rebel army, nor that he had done any overt act which would justify me in regarding him as a soldier or an enemy.”

Garfield also examined one or two of the persons who were brought in with Rice. He stated that, “the result of my examination was that I did not find sufficient ground to hold him as a prisoner, or to send him to Camp Chase, Ohio.” Accordingly, Garfield issued Rice a written discharge.

Headquarters Eighteenth Brigade Paintsville, Kentucky, January 14, 1862

Mr. John M. Rice, of Louisa, Kentucky, having pledged himself not to aid or abet directly or indirectly, the confederate forces in the present war, is hereby released on his parole, and granted safe conduct into the camps and through the lines of the Union troops, subject to all proper guard and police regulations.


By order of Colonel J. A. Garfield, commanding brigade
W. H. Clapp
Assistant Adjutant General

John M. Rice's pledge of honor

After his long absence from home, Rice was finally able to return home to his wife and children in Louisa. The following months were a time of peace and calm for the Rice family. Garfield’s departure from the Big Sandy Valley in April of 1862 would change all that.

Colonel Jonathan Cranor, 42nd OVI, now in command of the federal troops in the Big Sandy Valley, had different ideas how to conduct business. Although efficient as an officer he lacked Garfield’s benevolence, understanding and warmth. He ran things with an iron fist and soon became feared and even hated among the Confederates to the point that an assassination plot against him was planned but not carried out. Cranor continued arrests among the citizens in Eastern Kentucky and a network of spies kept him well informed of the enemy’s movements.

In July of 1862, Gen. J. T. Boyle, commander of US Forces in Kentucky, sent orders to Cranor to have a number of Eastern Kentucky men arrested in hopes to affect the exchange of several prisoners taken by the Confederates in Morgan County, KY, in spring of 1862. Cranor doubted the success of this undertaking, especially since he had made two previous ineffectual attempts to have the prisoners released. Nevertheless, Cranor arrested Green M. Whitten, S. Walker Porter, J. G. Trimble, David D. Sublett, Alexander S. Martin, John M. Burns, Henry G. Hager, as well as John M. Rice and his father James M. Rice and held them in custody as potential hostages. He then paroled Green M. Whitten and John M. Burns who left to go to Virginia in early August 1862, in order to arrange a possible exchange of prisoners with Gen. John T. Williams. As predicted, the attempt failed and Whitten and Burns were back in Eastern Kentucky by August 29, 1862.

Green M. Whitten

There are no subsequent prisoner records for Rice on file, so it stands to reason that he was paroled, gave bond and was released by the federal authorities, even though Cranor felt that most of the hostages should,” be sent off and confined where their influence would not be exerted and felt in this valley.”

By 1863, Louisa had become the principal post for the Union forces in Eastern Kentucky and many of the officers boarded in private residences in town. From fall 1863 until the end of the war, John M. Rice quartered Captain Randolph Botts, assistant quartermaster; Captain John S. Rodgers, and wife; Lieutenant Dan. Brown, wife, and child; J. M. Kelley, and family, chief clerk quartermaster's department, as well as Lieutenant James D. Foster, regimental quartermaster of 14th Kentucky Infantry.

In 1864, when the enrolled militia was called into service, John M. Rice served as regimental quartermaster of the Sixty-eighth Kentucky Enrolled Militia. When the militia was called out a second time, Rice was acting in the capacity of quartermaster sergeant. Foster noted, “In the latter part of the year 1864 I commenced to board with said Rice, and considered his house my home the most of the time till June, 1868 … During the year 1863, when I visited brother officers at Rice's, and up to the present time, I have never seen or heard of Rice's saying or doing anything that was not perfectly courteous and gentlemanly.”

On September 9, 1864, Sarah F. Rice gave birth to their last child, John McConnell Rice, Jr. Within a few months, the oil boom hit Eastern Kentucky. John M. Rice became involved in the oil lease business and made a handsome profit. Martin Thornsbury jokingly told him that he ought to divide the money with him that he made since he captured him. "Yes, says he, you caused me to make from five to ten thousand dollars; he said he had no idea but that he would have been with the rebels yet if I had not captured him."

The end of the Civil War brought peace to the country. Nevertheless, there still were some lawless elements such as guerrillas, former Confederates, federal deserters, &c. prowling the hillsides of Eastern Kentucky. On April 27, 1866, Bill Wright and John and James Lyon murdered the merchant George P. Archer at Bear Creek, Lawrence Co. KY. They were soon apprehended, but, despite a set trial, the three men were hung on July 17, 1866, at Louisa, by a lynch mob that numbered more than 150 people. According to accounts, the men composing the mob were members of some of the best families in the Sandy Valley, but they were indicted, regardless. Through the influence of John M. Rice, and Major Drury J. Burchett, former federal officer in the 14th KY Infantry, who was at this time a member of the Kentucky Legislature, they were pardoned by Governor John W. Stevenson.

Rice soon settled into a more normal life and began pursuing a political career. In 1868, Rice ran on the Democrat ticket for Congress in the 9th District. On November 3, 1868, he successfully beat his adversary, Col. John L. Zeigler, former commander of the 5th West Virginia Infantry (US). However, Zeigler disputed the legitimacy of the election results. He contested Rice’s right to a seat in Congress by raising questions about Rice’s loyalty to the federal government during the Civil War. The seat remained vacant until the dispute was settled. After a lengthy investigation, the Committee of Elections cleared Rice of any wrong-doings and awarded him the seat on July 11, 1870. Rice served as representative in the Forty-First and Forty-second Congress. He was not a candidate for re-nomination.

He resumed the practice of law in Louisa, KY and in 1883 was appointed judge of the Lawrence County criminal court of the Sixteenth Judicial District. He was elected to the same office in 1884.

Within a few years, Rice’s health began deteriorating. He had an attack of rheumatism, slight at first, which soon developed into sciatic rheumatism, with acute shooting pains in his hips and gradually extending downward to his feet. His condition deteriorated to the point that his kidneys, liver and bladder were affected and he was unable to walk. In 1888, attended by his son John, Rice visited Hot Springs, Arkansas, in hopes that the climate would benefit his condition. After a stay of several months his hopes were dashed and he returned home. In 1890, John M. Rice was re-appointed Circuit Judge but due to his health, was not able to devote much attention to his duties. In 1891, Rice went to Silurian Springs, Waukesha, Wisconsin but his health remained unchanged. In 1893, Rice retired permanently from active life as judge.

On September 3, 1895, the Maysville Evening Bulletin noted that John M. Rice, “one of the most prominent men in Eastern Kentucky, is very ill at his home in Louisa from a complication of ailments of long standing, and it is feared that he will not recover from the attack.” On September 18, 1895, 64 year old John M. Rice passed away. His remains were taken to Pine Hill Cemetery, Louisa, KY.


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