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.

"Dear Husband" - Civil War Letter from Cynthia F. Stewart to her Husband James E. Stewart

Envelope, postmarked Catlettsburg, April 14 (1862) 

Cynthia F. Stewart, daughter of Lewis Mayo, one of the leading men in the Big Sandy Valley at the time, wrote the following letter to her husband James E. Stewart while he was a prisoner of war at Camp Chase in Columbus, Ohio. He was arrested at his home in Johnson County, KY, on January 24, 1862, by Col. James A. Garfield and charged with "giving aid and succor to rebels."
 

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Catlettsburg Ky Apr. 10th/62

Mr James E Stewart.
Dear husband from the abundance of the heart the mouth speaketh on last evening I received three letters from you one of the third one the fourth and one of the fifth from which I learn that you are out of prison on parole and is now in Columbus well I am truly glad to hear that but I feel as though before you get this that you will be back in prison again but hope for the better I dont (sic) see why it is that they wont (sic) let you come to Catlettsburg as Gen. Garfield was willing for your parole to extend to this place why is it that they want to keep you I cannot tell for you havent (sic) done any thing (sic) and you being released would not injury (sic) the Government any had I not got those letters yesterday evening from you I should now of been

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on my way to of seen you had everything ready to start on the Boston this morning but seeing that you opposed me in coming I declined the idea now if you want me to come say so for I want to see you and if you cant (sic) come to see me and want me to see you I will come although it would be an undertaking for me to go with my babe as it is a weakly little thing. You asked me about those notes whether or not I had collected on any on them or not no I have not tell me if sheriff Ward dont (sic) owe you some I thought that he was one of the men that you told me owed you and I asked him about it and he said that he did not owe you a cent and so it is we cant (sic) collect anything but if you are permitted to stay out of prison you shall not lack for money for you shall have that when what you have given out and so you must

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write me often and tell me all about it Mr Stewart write to Mr George Brown he is a particular friend of yours he has worked manfully in your behalf he says you shall not want for anything that he can do he lives in this place. Short lives here. Tell me if you let Robertson & Spears have money to come home on. Rice has not got home yet looked for him last evening on the Boston but did not come hope he will be here soon still hope I will hear something more favorably towards your release. Imagine how I felt when I heared that your parole did not extend to this place for I really had a hope that you would be released and would be on the Boston last evening but such is life I have to submit Jimmie is well he is a very pleasant babe wish you could see him I am shure (sic) you would love him he is all that keeps me alive



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on this earth I some time (sic) feel like that I would be glad to die but then I look at our dear little boy and think what would become of him if you and I both should be taken from him if either has to be I hope it will be me not you but I must stop I fear you have become wearied already hope you will write quite often this is from one that loves you above all things on earth who builds all of her hope on you and with out (sic) which will fall all no more farewell farewell

Cynthia F. Stewart


Research Notes
- Cynthia F. Stewart wrote the letter from Catlettsburg, possibly during a visit to Stewart's parents who were living in town.
- Boston refers to the steamboat "Boston" which was making regular trips between Catlettsburg and Cincinnati.
- Jimmie was Cynthia and James E. Stewart's son James Lewis Stewart who was born in 1861. In 1884, James Lewis Stewart graduated with a Bachelors of Law from the Ann Arbor Law School, University of Michigan. During the closing ceremony, he was exposed to cold which turned into pneumonia. He returned to Louisa and died at the home of his parents on July 18, 1884, at the age of 23 years.
- Mr. George Brown refers to George Newman Brown, the oldest son and seventh child of Richard and Frances Brown. He was educated at Marshall Academy, Virginia, and Augusta College, Kentucky. After his return from college in 1840, he soon began to study law in the office of Judge James M. Rice, of Louisa, Kentucky, and was admitted to the bar October 18, 1844. He practiced in Pike and the adjacent counties in Kentucky for sixteen years, during which time he was elected county attorney four times and represented Floyd, Pike and Johnson counties in the state legislature in 1849-50. In 1860, Brown moved to Catlettsburg and formed a law partnership with Judge Rice, which continued for several years. During the Civil war period he was a non-combatant, although his sympathies were with the South. (A History of Kentucky and Kentuckians, Vol. 3, by E. Polk Johnson, pp. 1365/66)
- Rice refers to Judge James M. Rice.

Additional information about James E. Stewart


A sincere thank you goes to Andrea Parsley who made this letter available.


Images and transcript © 2012 by Marlitta H. Perkins. Unauthorized use and/or duplication of the article as well as the images without express written notice is strictly prohibited.

I have been exposed both to Rain and Yankys

Battle of Chickamauga
Kurz & Allison - Library of Congress

Camp Dalton Ga
March 2nd 1864
Dear father   Kind Sir
In complyance to your req[u]est I seat myself this beautiful morning to inform you that I am q[u]ite well   My weight is one hundred and sixty Eight pounds   I have been blessed with Success   I have been in four rouged batles chicamauga Misionary ridge chattanooga Tunnel hill and ringold   its too tedious to gave a full Detail of the hole   our Losses at chicamauga was estimated at 30000 thousand that was a seen that Long to be remembered   I seen four achors covered with wounded federals and confederates at one hospital   the dead was lying so thick you cood step from one to another   the Line of Battle Extended 25 Miles   the dead was all along the Lines in proportion   so you no nothing about soldiering in Ky

I have been Exposed both to rain and Yankys for more than one weak without Shelter   It rains alltogether here   there has been no snow here this winter   Sweet potatoes keeps heare through winter in sacks   We are all in good Circumstances for provisions   I received a leter from J Wm Furguson dated December the 10th stated that you received a leter from me wroat at Lookout Mountain   Its very gratifying to receive a leter or here from any of you all   the buoys ar in fine health   H G Keeton was killed abingdon, va. Bye lightning

I have no nuse to wright mor than our army are in good Condition for the spring Campaign   I wish you fother to collect $45 that Thomas Hay owse me   Camel Hurst owse me 23 ds towards that hose he bought from mee   colect the money and make use of it as you wish   I wish you to wright all nuse thatt you have   give me a full Detail of all the proceedences since I left home   In form me what the buoys ar doing

I wroate a leter by flag of truce recently   I wish to inform you that confederate money is worth nothing of any consequence   give my Love to my friends if I have any   there is some prospect of our brigad being transfered to western va.   if so it may be that I will get privalidge to see you once more   if not the Limits are gloomy   General Jo Johnson is commanding the western army   there has been furloughs granted to every five men where there is where there is thre Commisioned officers present for duty one are aloud a furlough   I will get a furlough for twenty five days as soon as Lieut J K P South returns   his time of furlough expires sixth Inst   I will take my Randibuss in Western Virginia   It Seems like home all the buoys are anxious to get back to virginia as they was to get home

Its twelve hundred Miles from Dalton to abingdon   fifty Miles from abingdon to pound gap   seventy five miles from pound gap to Salyersville   12 miles fr Salyersville to hom   now make the calculation and you can asertan how far we are apart   the cars runns from dalton to abingdon in five days   I am one hundred miles from Missippi   I wod be very happy to be with you all one time more but our Country calls me to post many more if they was not so courdly   I will close by say to all my little brothers and Sisters to forget me not   I wod be happy to see you.  old mother also very respectfuly
Yours & Soforth
H Furguson (Lt)
Co D

The author of the above letter was Lieutenant Hayden Furguson, the son of Rev. William Ferguson & Nancy Williams. He was born on August 9, 1840 and lived with his family at Relief, Morgan Co. KY. He enlisted as a Private in Co. B, 5th KY Mtd. Infantry, on Dec. 27, 1861, at Camp Hager, Johnson Co. KY. He re-enlisted on Nov. 18, 1862, in Co. D, 5th KY Infantry, at Licking Station, Magoffin Co. KY and was elected 2nd Lieutenant. He was later promoted to 1st Lieutenant, Co. F. Eight days after he wrote the above letter, Furguson was granted leave of absence after which he returned to his command and appears on the rolls as "present" until and including October 1864. Furguson returned home to Kentucky where he was involved in the killing of Tandy Jones, a former comrade from the 5th KY Infantry. The resulting troubles that followed Jones' death may have forced Furguson to leave Kentucky. He moved to Georgia and was living in Monroe County in 1870. Ten years later he was a retail grocer in the Calhoun area, Gordon County, Georgia. He died on March 8, 1920 and was buried in the Chandler Cemetery, Calhoun, Gordon Co. Georgia. His wife Mary A. Goodwyn Furguson died on December 21, 1922 and was laid to rest next to her husband.

H. G. Keeton mentioned in the letter was Harvey G. Keeton, a private in Co. D, 5th KY Infantry. The last entry in his service records states that he was left sick in the hospital at Emory & Henry College, Aug. 22, 1863, by order of the regimental surgeon. His subsequent death by lightning at Abingdon, VA, is not noted.

Lieut. J. K. P. South was 1st Lt. James K. Polk South, Co. D, 5th Ky. Inf. Photograph

J. William Ferguson may have been Hayden's oldest brother John William Ferguson (1830-1875).

Thomas Hay was a laborer who lived in District One, Morgan County, KY, in 1860 (HH# 413/409). Camel Hurst was most likely Campbell Hurst, a fairly close neighbor to Hay (HH# 419/415).

Information of Interest

Battle of Chickamauga, Sept. 19/20, 1863
The Chickamauga Campaign - Official Records and Battle Description

The Battle of Lookout Mountain, November 24, 1863
The Battle of Missionary Ridge, November 25, 1863
The Chattanooga Campaign -Official Records and Battle Description

The Battle of Ringgold Gap, November 27, 1863

The Battle of Tunnel Hill, February 24/25, 1864

The 5th KY Infantry was part of the famed Orphan Brigade.
The Orphan Brigade Homepage

Dalton was the winter camp of Gen. Joseph E. Johnston 's Army of Tennessee in 1863, the place where the second main army of the Confederacy had its morale restored to health after the disaster at Chattanooga under Gen. Braxton Bragg. The 5th KY Infantry had 91 men disabled at Chickamauga and totalled 201 men and 165 arms in December, 1863.

Furguson's letter was in a mailbag, captured at the Battle of Half Mountain (Meadows of Licking), Magoffin County, KY, on April 14, 1864, by Captain John C. Collins, 14th KY Infantry (US), shortly before it reached its final destination - and more than a month after it was mailed!
The original spelling has been retained.


Letter transcribed and researched by Marlitta H. Perkins, July 2012. Unauthorized use and/or duplication without express written notice by Marlitta H. Perkins is strictly prohibited. © 2012. 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.