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North Carolina: Highlander Desertion
North Carolina provided at least 125,000 soldiers to the Confederacy, and the Tar Heel State recruited more soldiers than any other Southern state. Approximately 40,000 of those troops never returned home, they died from battlefield wounds, disease and privation. Mere numbers failed to
provide an accurate account of desertion. Many highlanders did not desert; they evaded capture and later reformed. According
to some historians North Carolina had the highest desertion rate, particularly in the highland areas: "As many as 24% of enlisted
highlanders eventually deserted the Confederate army." However, in context, many highlanders evaded capture during the infamous
surrender of the Cumberland Gap by General John Frazer.
Vast difference between deserting the army and evading capture by the
enemy
In fact, after they
evaded being captured, many highlanders reformed in Virginia and North Carolina and fought valiantly until the bitter
end of the American Civil War. During the summer of 1863, while men were furloughed from Thomas' Legion (a force which consisted of more than 2,500 highlanders), they defended their homes in the Southern Appalachian Mountains and they operated as "Home Guard" and fought bushwhackers and outlaws. O.R., Series IV, 2, 732, O.R., 53, 324 and O.R., Series I, Vol. 32, pt. II, pp. 610-611
The "absentees" from Thomas' Legion, North Carolina's only Civil War legion and it
recruited exclusively from the mountains, were even declared deserters. Most, however, returned to Thomas' Legion
in December 1864 and at war's end are recorded on rosters and muster rolls. O.R., 1, 49, pt. 1, p. 1048 and O.R.,1, 49, pt. II, p. 309
Pro-Unionists and conscription opponents (present day draft
dodgers) of Tennessee fled daily, crossed the Cumberland Mountains, and joined the Federal
army in Kentucky and Ohio.
During the fighting in East Tennessee, additional pro-Unionists and conscription opponents fled into Western
North Carolina. During General Robert E. Lee's first invasion of the North in September 1862, many vacated their homes while others deserted the army (Robert
E. Lee's wife, Mary Custis, is the great-granddaughter of Martha Washington). They strongly believed in a defensive war only; after all, the South is defending their homeland against Northern Aggression. Some adamantly
declared that "I do not own any slaves" and they viewed it as “a rich man’s war and a poor man’s fight.”
In the North, however, many dodged the draft by paying commutation fees or hiring substitutes, and many Northerners
exclaimed that it was "Rich Man's War!"
On June 20, 1863, with strong pro-Unionist sentiment, western
Virginia broke from secessionist Virginia and formed the state of West Virginia. During the secession crisis, Andrew Johnson remained in the Senate even when Tennessee seceded, which made him a hero in the North and a traitor in the eyes of most
Southerners. During secession, Johnson was the only Southern Senator that refused to resign. He was born in North Carolina
and was a resident of Tennessee. When President Abraham Lincoln was assassinated, Andrew Johnson became the Seventeenth President
of the United States (1865-1869).
Some highlanders
deserted after they received pleading letters from starving or threatened
families, but the numbers are less than some historians proclaim. Unlike the rest of Tennessee, in East Tennessee pro-Unionists outnumbered secessionists two-to-one. Deserters were also defined as a "class in resistance to conscription"
(O.R., Series 4, Vol. 2, p. 783). After shutting down the pro-Unionist newspaper Knoxville Whig, some found refuge in the mountains of Western
North Carolina (a.k.a. Southern Appalachian Mountains). When General Burnside captured Knoxville, additional conscription opponents and pro-Unionists sought sanctuary in the
Smoky Mountains. In defense of the proponents of “Highlander
Desertions,” one highlander regiment with perhaps the highest desertion was the 64th North Carolina Infantry Regiment (a.k.a. Allen’s Regiment). The unit had an unusually high desertion rate. However, these numbers only spiked after
the April 16, 1862, Confederate Conscription Act which required a three year minimum enlistment. Most of the 64th N.C. Regiment's
12 month enlistment expired just days after the Conscription Act. Furthermore, many from the 64th North Carolina
evaded capture during the surrender of the Cumberland Gap and reformed in North Carolina. There is vast difference between desertion and evading capture by the enemy. Unfortunately, some
historians don't state the difference. Many historians and writers do not conclude by stating that many deserters
returned to military service. (Additional reading: No Soap, No Pay, Diarrhea, Dysentery & Desertion: A Composite Diary of the Last 16 Months of the Confederacy
from 1864 to 1865)
The Thomas Legion: Should I Stay or Should
I Go?
"Many of them [Thomas' Legion] joined with the promise
that they were not to be taken out of the State except in the North Carolina mountain of defense." Captain Robert A. Akin,
Company H, Walker's Battalion, Thomas' Legion
As an independent command, Thomas' Legion
initially reported directly to Brigadier General Henry Heth, however, this changed during the course of the war. They served
in the Army of Tennessee, Department of East Tennessee, District of Western North Carolina (a.k.a. Western District of North
Carolina), Department of Western Virginia, and they also served with General Jubal Anderson Early in the Army of the
Valley during the fierce Valley Campaigns of 1864.
Although initially an independent command, the Thomas’ Legion, with its various
unofficial designations and components, served or reported to numerous generals in numerous armies, departments, and commands
(although desertion wasn't a major problem in the legion, this was the primary contributing role in its desertions). Its soldiers
were, after all, initially promised to be only assigned in western North Carolina and East Tennessee. Also, the sappers enlisted
as masons, engineers, carpenters, black smiths, gun smiths, etc. When General Alfred
Eugene Jackson, a.k.a. "Old Mudwall," demanded
the sappers (a.k.a. Pioneer Company) to take up arms, this promoted desertion. Furthermore, in October 1863, General A. E. Jackson's Brigade consisted of Thomas' Legion only (O.R., Series 1, Vol. 29, pt. II, p. 812). Was it a legion or a brigade? This caused great friction between Col. Thomas and Gen. Jackson; consequently, morale suffered.
Will Thomas officially petitioned North Carolina Governors Henry Toole Clark and Zebulon Baird Vance. He even petitioned Confederate President Jefferson Davis and General Braxton Bragg. His petition was to employ
the Thomas Legion "to defend the passes of the Smokies." It is the writer's view, with overwhelming evidence, that
the Thomas Legion desertions was the direct result of the Confederate States of America ordering Thomas' Legion beyond the region and defense of the mountains. The
C.S.A. ordered Thomas and the Cherokee Battalion to the Smokies, however, it separated and relocated the majority of
the Legion to the Shenandoah
Valley. See
hellish conditions in Western North Carolina: Cherokee County's Civil War Lawlessness and Depredations, O.R. IV, 2, 732, O.R., 53, 324, O.R., I, Vol. 32, pt. II, pp. 610-611, O.R., 1, Vol. 53, pp. 331-335, Jefferson Davis' Letter of Confidence in Thomas' Legion - January
4, 1865, and Will Thomas' American Civil War Strategy.
While Thomas and the Cherokee
Battalion were assigned to Western North Carolina, the wise colonel persuaded and recruited dozens of Confederate
deserters to the Thomas Legion and, most shockingly, as a reward Thomas received a court-martial.
Postponing the order was viewed as a cancellation
and outright breach of promise to defend the North Carolina mountains.
On May 5, 1864, the War Department issued Special Order 105 (O.R., 36, ii, pp. 958-959 and O.R., 1, Vol. 39, pt. II, p. 579), sending Thomas' Legion to Western North Carolina; this action was in response to the deplorable acts of the bushwhackers
and outlaws. It was also designed to defend the region against a Union attack. However, Federal movements in the Shenandoah Valley postponed the Order. Subsequently, Thomas' Legion returned to Western North Carolina with Special Order 267 (O.R., 1, 43, pt. II, p. 919).
During the last months of the Civil War, Confederate
Gen. Martin (O.R., 1, 49, pt. 1, p. 1048), Union Gen. Stanley (O.R.,1, 49, pt. II, p. 309), and Lt. Col. Stringfield (Histories of the Several Regiments and Battalions from North Carolina in the
Great War 1861-1865, Volume 3, p. 761) recorded similar strength for the Thomas
Legion.
Apart attrition from deaths, diseases, wounds and imprisonment (prisoners of war) sources reflect
that most of the Thomas Legion deserters had rejoined the legion. They previously deserted or returned to Western North Carolina to perform "Home Guard" duties. They protected their homes and families
during the area's anarchy and subsequently had rejoined the legion for the remainder of the War. After all,
the legion was initially formed with the intent to defend East Tennessee and
Western North Carolina.
James W. Terrell wrote to Governor Zebulon Vance and stated that the desertions were the direct result of General A. E. Jackson’s complete disregard and disrespect
for the Thomas Legion soldiers. February 22, 1864, North Carolina
Division of Archives and History.
According to public and private diaries, memoirs, papers and records, Thomas'
Legion did not experience vast desertion. In 1863-1864 Captain Stephen Whitaker discusses the obedience and discipline of his company.
On Feb. 22, 1864, Major (later Lt. Colonel) James A. McKamy wrote to Samuel Cooper (A&IGO). He stated that on Feb. 14, 1864, Captain Garner N. Loudermilk of Company H, Walker's Battalion deserted to the Federals, and McKamy further stated
that on Feb.
14, 1864, Loudermilk also signed the United States' Oath of Allegiance. In the same correspondence, McKamy stated that Captain William
B. Nelson of Company B, Walker's Battalion deserted and refused to return to the command (they
were the highest ranking officers to desert from Thomas' Legion).
Below is from the Knoxville [Tennessee] Daily Southern Chronicle, August 4, 1863
August 4, 1863
- Reward for Confederate deserters
$240 REWARD.
Headquarters,
Thomas' Legion Zollicoffer, July 25th, 1863.
A Reward of
thirty dollars each will be paid for the following named deserters from Capt. Love's Company, (D,) of Col. W. H. Thomas' Legion
who deserted their encampment July 22d, 1863.
Sergeant John
H. Lyons, aged 26 years, 5 feet 9 inches high, complexion dark, eyes dark, hair dark, residence Knox county Tennessee.
James Reed,
aged 32 years, height 5 feet seven inches, complexion fear, eyes
blue, hair
light, residence Knox county Tennessee.
Leander Reed,
aged twenty-one years, height five feet eleven inches,
complexion
fair, eyes gray, hair light, residence Knox county Tennessee.
Joseph Hooker,
aged 46 years, height 5 feet 6 inches, complexion fair, eyes
blue, hair
dark, residence Union county, Tennessee.
Thomas Simmons,
aged 38 years, height 5 feet 8 inches, complexion fair, eyes
gray, hair
dark, residence Jefferson county Tennessee.
John C. Lee,
aged twenty-four years, height 5 feet 4 inches, complexion dark
eyes dark,
hair dark, residence Jefferson county Tennessee.
Also the following
named men who deserted on the 17th day of July 1863.
William Hatcher,
aged 22 years, height 5 feet 8 inches, complexion fair, eyes
blue, hair
light, residence Jefferson county Tennessee.
George Hunter,
aged 26 years, height 5 feet 7 inches, complexion fair, eyes
gray, hair
light, residence, Claiborne county Tennessee.
Arrest these
men and bring them to justice. C. C. M'BEE 1st Lt., com'dg Co."D" W. W.
STRINGFIELD, Major, com'dg Thomas' Legion. [Knoxville
Daily Southern Chronicle, August 4, 1863].
Related Reading:
Madame Collier was a federal soldier from East Tennessee who enjoyed army life until her capture and subsequent
imprisonment at Belle Isle, Virginia. She decided to make the most of the difficult situation and continued concealing her
gender, hoping for exchange. Another prisoner learned her secret and reported it to Confederate authorities, who sent her
North under a flag of truce. John L. Ransom, Andersonville Diary (1881), pp. 20-21
Hellish conditions in Western North Carolina:
Sources:
Official Records of the Union and Confederate Armies;
Walter Clark, Histories of the Several Regiments and Battalions from North Carolina in the Great War 1861-1865; National Park
Service: American Civil War; Weymouth T. Jordan and Louis H. Manarin, North Carolina Troops, 1861-1865; D. H. Hill,
Confederate Military History Of North Carolina: North Carolina In The Civil War, 1861-1865; Library of Congress; North Carolina
Office of Archives and History; North Carolina Museum of History; State Library of North Carolina; National Archives
and Records Administration; Tennessee State Library and Archives; Vernon H. Crow, Storm in the Mountains: Thomas' Confederate
Legion of Cherokee Indians and Mountaineers; Christopher M. Watford, The Civil War in North Carolina: Soldiers' and Civilians'
Letters and Diaries, 1861-1865. Volume 2: The Mountains; William F. Fox, Regimental Losses in the American Civil War.
Recommended Reading: American Civil War Conscription and Desertion
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Conscription Facts History North Carolina Mountains Bushwhackers Outlaws Unionist Outliers Posses Gangs Details Detailed Summary
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