LAST BATTLE
OF CIVIL WAR FOUGHT HERE!* (See editor's notes below)
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HISTORY OF THE LAST BATTLE OF THE CIVIL WAR, EAST
OF THE MISSISSIPPI RIVER. WRITTEN BY: JOHN H. STEWART, 1st. LIEUT. CO. IL, 69th NORTH
CAROLINA REGIMENT, ALSO KNOWN AS CAPT. J. A. KIMSEY'S CO. I. PART OF THE THOMAS LEGION.
BATTLE FOUGHT ON HANGNG DOG CREEK IN THE MOUNTAINS
OF CHEROKEE COUNTY, IN WESTERN NORTH CAROLINA, MAY 6th, 1865.
AND WHAT PRECEDED AND FOLLOWED THAT BATTLE.
Copies of this document to be filed in the Public Libraries of Murphy and Andrews, North
Carolina, and in the School Libraries of these towns.
NAVASOTA, TEXAS
MARCH
14, A. D. 1935
About the middle of December, 1864, we closed. our Campaign in Northern Virginia,
mostly in the Shenandoah Valley, in Maryland and in West Virginia.
The fighting having been "Stonewall" JACKSON'S Corps to which our Brigade belonged, Assisted by General Fitzhugh LEE'S Cavalry, and the Yankees under Generals HUNTER and
SHERIDAN; with three to five times as many men as we had.
Just as we were, preparing to go into Winter Quarters, General Lee sent orders for the Thomas
Legion to report to the Commanding Officer at Asheville, North Carolina.
We were then about the middle of the Shenandoah Valley, below Harrisonburg,
Virginia. The weather was very cold and we were thinly clad in the clothes we had worn
all summer. We had no underwear or socks and our shoes were badly worn.
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We started out about noon to go to Staunton
to take the train there. At that place we received orders to go to Lynchburg, Virginia,
and to wait for further orders.
At Lynchburg we were ordered to go to Bristol,
Tennessee and await further orders. We waited at Bristol
two days and then were ordered to go to Jonesboro, Tennessee,
and from there to Asheville, North Carolina. There were
two routes from Jonesboro to Asheville, one 80 miles and the other 100 miles long As there had been Yankees raiding in that
neighborhood we were to inquire and then take the safest route to Asheville. We left Jonesboro,
Tennessee by the way of Paint Rock and up the French Broad
River to Asheville, North Carolina.
The weather was cold, we reached Asheville in
the afternoon and went into camp. Next morning when ordered to fall in line we were surprised when told that we would be given
ten days Verbal Furlough and after that would go into Camp at various places to be assigned to us.
I had been in command of what was left of Co. I., and what remained of Co. C. for some time.
All of the Officers of Co, C. being with fever. We, with WALKER'S Battalion, were assigned to Camp Valley
Town, the FRANCIS Residence and FRANCIS Store, at that time unoccupied. This was
where the Town of Andrews now stands. Co. H., Capt. Cooper's Company was assigned
to the THOMAS Store at Cheoah, now Robbinsville, North Carolina,
The other Companies all being sent to Qualla Town
for the time being.
We had at that time only six rounds of ammunition apiece and although Col. THOMAS had promised to send ammunition to us at Valley Town
and at THOMAS' Store, he had failed to do so. Captain COOPER knew Col. THOMAS much better than did Col. STRINGFIELD, who was in command of both camps; so Captain COOPER took five or
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six men on horseback, the roads being impassable for a wagon, and went to Qualla
Town and got as much ammunition as they could carry in sacks on horseback. Captain
COOPER, when dropped always lit on his feet, facing in the right direction. But Co. I and WALKER'S Battalion remained without any more ammunition from the time that we went into camp; and we went into the Battle
at Hanging Dog Creek with just six rounds of ammunition apiece.
Some twenty or thirty men of VAUGHAN'S Brigade, Tennessee Cavalry, had shirked out of the
fighting in northern Georgia and had gone into the mountains of Cherokee County and where ever they could find corn and roughness
for their horses and grub for themselves they took it.
The people got tired of being treated in this way and made complaint to Col. STRINGFIELD,
who sent some men into Murphy, North Carolina with orders to arrest every Cavalry Man they saw or could find. They arrested
nine men and brought them, their horses and ammunition into Camp. Col. STRINGFIELD detailed me as Lieut. with eight or ten
men to take these men to Franklin and turn them over to the authorities to be
sent to Ashville. I dismounted all the prisoners, took their ammunition, emptying their six shooters, hung the six shooters
on the saddles. Thus we left Camp with the Cavalry walking and the guard mounted on their horses and thus we made the 35 miles
to Franklin.
When we reached Franklin, Captain GASTON, Adjutant
of the Battalion, was in command with four or five Officers. They decided that it was no use trying to hold the prisoners
so we turned them loose; giving them back their horses and empty six shooters; with the promise that if they ever came back
we would put a ball and chain on the legs of each of them. Their experience with us caused the other Cavalry men who had been
shirking to leave that part of the country.
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Some Deserters from Cherokee County, North Carolina
had gone down in Tennessee and joined the Yankees; and had formed two Companies.
But the First Company, which was Cavalry, had been formed several months before the Second Company. This First Company came
into Cherokee County to arrest several
leading Citizens, but they did not plunder or rob anyone of their stock or stuff.
There were no Confederate troops at this time in Cherokee
County and this first troop captured Capt. Jim TAYLOR and Squire William WALKER
of Valley Town. They went to WHITAKERS
to get Capt. Steve WHITAKER but he was at that time in Virginia. After leaving the WHITAKER place they
went down the North side of the River past STEWARTS and BRITTONS and took Captain Mark BRITTON, Captain of the Home Guard.
Later TAYLOR and BRITTON were released from prison and came home. But Squire William WALKER was never seen or heard of again.
He was taken to Knoxville where he was taken sick and died. Lieut. Tice GOLDEN,
who had deserted from Captain COOPER'S Company, was a Lieut. in this Company. He was my boyhood chum.
The Second of the Deserter Companies was Infantry and made their raids afoot after the Cavalry
was gone. These men were mostly from Cherokee County
and many of them had cases pending against them and the papers were in the Court House at Murphy, North
Carolina. It was thought at that time, and afterwards said to be true, that they planned this raid
to get possession of these papers. They could not find the papers and to be sure they were destroyed they burned the Court
House. Then they captured Lieut. Jim AXLEY, who was home on furlough, and who was known to some of them who had been in his
Company.
As they had heard that there were only 15 or so men at Camp
Valley Town they decided to go there and capture
them. So, they started up Valley River
as soon as they were sure that the Court House and everything in it was burned.
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As they went along they enquired of everyone they saw as to how men were at Camp
Valley Town. This part of the story I learned long
afterwards when I was teaching school at Copperhill, Ducktown, Tennessee in 1871 and 1872, from Bill COX, a wood chopper,
who had been with that force. I saw Bill several times and he told me that many of the other men who had been with him were
working in the mines at Ducktown. It has been a long time so I cannot remember Bill words, but the substance of what he told
me follows. It fits in this part of the history so will tell it now.
He said one of the men with their Company had been raised in the Valley and seeing Uncle Buck
COLBERT at his front gate shook hands with him calling him Uncle Buck, and asked him about the number of men at Camp
Valley Town. Uncle Buck said he did not know exactly,
but that General LEE, before his surrender had sent two Regiments there; he knew there were 1000 men, but thought there might
be 1200.
The next man they saw was Captain LEATHERWOOD'S Father, a man who, had been in Captain LEATHERWOOD'S
Company and knew his father, asked him about the man at Camp Valley
Town. He replied, "Enough men to kill everyone of you with the first gunfire."
The next, they talked to [a man that] lived at a branch near a Bluff on the River. He
had been in Valley Town 2 or 3 days before and there were men camped everywhere. That there were more men on the front line
Guard, half a mile from Town, where they could see down the River for half a mile than there was in this Yankee Troop.
They went on to the Bluff where the Captain ordered a halt to rest in the shade. He and three
or four men went to one side and talked and when they had rested the Captain said, "Boys, we have decided not to go to Valley
Town." One big mouthed fellow then called out, "Where are we going?" and the Captain
replied, "We will go to Hanging Dog."
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So they at started and met no one else that they knew until they came to Mr. Hyatt's place.
Captain AKER knew Mr. HYATT, so he asked him what he know about the force at Camp
Valley Town. Mr. HYATT did not know exactly how
many men were in the town, but he said the force was several times larger than the Yankee force. There were about 50 men in
this troop. All this information I got from Bill COX at Ducktown, Tennessee in 1871-72 when I taught school there As soon
as the Yankees were out of sight Mr. HYATT put one of his boys on a horse and told him to go to Valley Town as fast as he
could and report that the Yankees had burned the Court House at Murphy; and had then come up the River and turned up HYATT'S
Creek, going towards Hanging Dog, and he thought they might be overtaken. The boy arrived at Camp
Valley Town late in the afternoon. Major WHITAKER
was in co. as Col. STRINGFIELD had gone to Qualla Town
after some ammunition, Captain KIMSEY was in command of Company I and Captain AKIN of the Battalion. Right after the boy galloped
up and told his news, Major WHITAKER hollered, "Everybody fall in line with your guns, ammunition and blankets and we will
overtake them." We had in all bout 100 men and in five minutes after the boy came we were ready to start. Major WHITAKER then
said, "Forward men, all of you follow me." (He never gave a drill command correctly). So we all started out from in front
of what is now the Addie Leatherwood House.
It was dark when we got to HYATTS and we stopped only a few minutes while the
Officers talked to Mr. HYATT. I was present, but the "Higher Ups" all did the talking. He told us that about 50 men had started
in a fast walk up, the Creek. Nathan HYATT, Mr. HYATT'S son, and Bill and Dan DOCKERY, were in our Company. They had been
raised over these trails and they were our guides.
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Nathan asked his mother for all of her matches, as we would need them in following the road
that night. The night was dark and we had to go single file after leaving the Wagon Road.
When we got to the top of the mountain, Nathan said,, "Sit down Boys and rest as you come up." While we rested Bill DOCKERY
said, "I got the worst scare of my life right here one night. I had been hunting and salting cattle all day and it was dark
when I got this far; just then a panther yelled about 15 or 20 steps down the HYATT Trail. I never ran as fast in my life
as I ran down that Trail to the Settlement. I slacked only once, just long enough to get out my Barlow knife and open it."
As we went further all three said that there was a house where they thought the Yankees would
stop and make Camp. And that they had better go forward alone and see if they were right. To dodge any pickets who might be
out they went through the woods and in 15 or 20 minutes were back and said they could see men moving around the house by candle-light,
and they were sure they were getting breakfast.
Major WHITAKER then called for Lieut. [John] STEWART and Sergeant Newt McCLELLAND and said,
"John you and Newt have been in many scrapes like this one and I want you to go forward and select the best place that you
can for us to attack and report it to as at once." In a few minutes streaks of daylight began to appear and we could see the
enemy moving around the house and yard preparing to leave. We decided it would be better to let then start and then we could
dash around the house and fire at them and would have the house between us and their fire. Bill and Dan DOCKERY said there
was a road down the field back of the house and they thought this was the road the enemy would take in leaving the house.
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We reported to the Major, he approved our plan and we moved up in the woods about 60 or 70
yards in front of the house. Then Major WHITAKER gave his favorite command. "Forward Men, Double quick, Follow Me." We started
forward in a fast run but we soon ran into briars and vines where we could not go so fast and when we ran around the house
the Yankees were about 150 yards ahead of us. We fired, our muskets were about 50 or 75 yards range, and raised the Rebel
Yell, loading as we ran and I never saw a bunch run so fast.
Bill DOCKERY said afterwards that they ran faster than he did when the panther yelled. Pryor
NELSON said, "Bill they had a whole lot bigger scare behind them than you did." Pryor was just a boy, but he had been with
the Battalion all the time.
We had only six rounds of ammunition and by the time they reached the brush at the end of
the field we had fired 3 rounds. They ran through the brush and as they ran around the Mountain we fired our last shots and
had to let them go. They fired a few shots back, but never stopped running. And thus on May
6th, 1865 ended the last Battle* of the Civil War; East of the Mississippi
River, which was fought an Hanging Dog Creek in the Mountains of Cherokee County in Western, North Carolina.
I will here add some more information that I got from Bill COX, when I saw him several times
at Ducktown in 1871 and 1872. Bill said they had 11 men wounded in that Battle,
and while none were seriously hurt, it was hard to get three of them away for the first few miles. Then they found some horses
that these men could ride until they could be left at some houses on the Tennessee
side. They were trying to get to Madisonville, Tennessee.
Then they met a man with a wagon, which they took, with the man and loaded the rest of the wounded in the wagon. When they
got
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to Madisonville the wounded were treated and sent
forward to Sweetwater where a Doctor took them on the train to the hospital at Knoxville.
Bill heard that an ambulance and Doctor, with guards, was sent back for the wounded who had been left at the houses; but he
was soon sent to Chattanooga and the War ended and he did not know anymore about
this.
We got back to Camp Valley Town
in the evening of May 6th, and cleaned out our guns, but did not have any ammunition to reload.
On the night of the 7th of May, 1865, Col.
STRINGFIELD came in from Qualla Town
with a two horse wagon load of ammunition. The next morning had us fall in line and we were issued 40 rounds of ammunition
apiece. It looked like more than two-thirds of the load was left and this was stored under care of Company I. to be given
out as needed.
During the day he had us tell him about the fight. He had Major WHITAKER write out a report
of it for him to take back to Col. THOMAS. For he told us that he had orders to return to Qualla Town at once and take command
of Troops there. And that if he could get guns there he would send guns and ammunition to arm a Company of 16 year old boys
that Captain PHILLIPS [Nathaniel Green Philips] had organized.
He had brought orders for Major WHITAKER to take command of all Troops at Valley
Town and of Captain COOPER and his troops at THOMAS' Store at Cheoah. He said that
Col. THOMAS would write Captain COOPER to report to Major WHITAKER. The next morning Col. STRINGFIELD left for Qualla
Town by the way of Lower Nantahala. This road was not passable
for a wagon so the wagon went back by the way of Franklin. It had taken then four
days to come from Qualla Town and they
only got by then by unloading the wagon and carrying the ammunition in sacks on their shoulders over the worst places.
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On the 10th we did nothing, on the 11th a Courier arrived from Col. KIRK at Franklin,
North Carolina with orders for all Troops at Valley
Town and at THOMAS' Store to report to him at Franklin
and surrender and receive their paroles.
Major Whitaker and I and several others knew Col. KIRK, as he was from Limestone Station between
Greenville and Jonesboro, Tennessee
where he ran a Cobbler Shoe Shop during the first part of the War. We had camped there two or three times and he had mended
our shoes. He was a great talker. Later he joined the Yankees.
On the morning of the 12th, Major WHITAKER with 4 or 5 of the boys who could get horses started
to Franklin, where they signed their paroles and Col. KIRK let them have blank paroles to bring back for us to sign and sent
Couriers with them to bring back our signed paroles and those of Captain Cooper's Troops at Cheoah. On the same day, Captain
KIMSEY being in command at Camp Valley Town,
he and Captain Akin divided out all the ammunition equally between all the men of Company I and WALKER'S
Battalion and some soldiers who were in the settlement on furloughs. So that we would all have some to take home with us.
He saved out shares for Major WHITAKER and the boys with him to give them when they got back. On the evening of the 13th,
Major WHITAKER, the Boys and Col. KIRK'S Couriers came in with the blank paroles which we began to sign. Major WHITAKER then
told Captain KIMSEY to divide the ammunition and he reported that he already done so. We each got ammunition enough to last
us two years.
Next morning, May 14, 1865, we finished
signing the paroles and saw the Major roll them up and tie then and put them in a Haversack and give them to Col. Kirk's Courier.
And thus at 10 o'clock in the morning of May 14,
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1865 our Civil War Soldier Life ended and our Every Day Working Life began.
From the First Battle Shot of the Civil War fixed at Fort Sumpter,
South Carolina, April 12th, 1861 to
Lee's Surrender at Appomatox, Virginia was four years,
less 3 days.
From the First Battle shot of the Civil War, fired at Fort Sumpter,
South Carolina, April 12, 1861 to the
last Battle Shot, East of the Mississippi River, on Hanging Dog Creek in the Mountains of Cherokee
County, in Western North Carolina, May 6, 1865 was
4 years and 24 days.
From the First Battle Shot at Fort Sumpter, South
Carolina, April 12, 1861, to the surrender of
Cooper's Company H., KIMSEY'S Company
I., Walker's Battalion of Thomas' Legion, and Captain
PHILLIPS' Troop of 16 year old boys at Valley Town
and Cheoah, North Carolina was 4 years, 1 month and 2 days.
And
from Lee's Surrender at Appomatox to the Battle on Hanging Dog Creek, the Last
Battle of the Civil War East of the Mississippi River, May
6th, 1865 was 27 days.
From the Last Battle of the Civil War East of the Mississippi to the Surrender of Cooper's
Company H., in Thomas' Store at Cheoah, now Robbinsville, North Carolina, and KIMSEY'S Company I., and Walker's Battalion
under Captain J. A. AKIN; all under the command of Major Stephen WHITAKER and of Captain PHILLIP'S Troop of 16 year old boys
at Camp Valley Town, the last troops East of the Mississippi River to surrender May 14, 1865 was 8 days [Stewart is referring
to the last shot at Hanging Dog on May 6, plus 8 days = May 14].
And from that time until this 14th day of March, 1933
is 69 years and 10 months.
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APPENDIX: BATTLE OF HANGING DOG CREEK: J. H. STEWART
The first shot at Fort Sumpter,
April 12, 1861 was said to have been fired by Fred W. Wagner of Charleston,
S.C. a gunner with the Charleston Artillery Company, who became Captain of his company.
After the war he became the biggest wholesale grocer in Charleston.
The last shots fired at Hanging Dog Creek, N. C. in the last battle of the Civil War, East
of the Mississippi, May 6, 1865
were fired by Hugh Hayes, calveryman on furlough and Came Derryberry Company I, 69th North Carolina Regiment.
Historians agree on the estimate that from the beginning to the end of the Civil War there
were 700,000 men in the field for the Confederacy. At one time there was a total of 550,000 troops under arms.
From figures
furnished by the Adjutant General's office we find there were approximately 179,000 negroes in the Union Army, and that the
states of Tennessee, West Virginia,
North Carolina, Missouri and Kentucky
furnished a total of 297,870 men to the Union Army. It is very probable that all Southern states furnished some men to the
Union Army. Also some historians estimate that there were 700,000 foreigners in the Union Army.
At the time of Gen. LEE'S surrender the Army of Northern Virginia numbered 2,862 officers and 25,494 men; a total of 28,356. (Humphreysm AA, The Virginia
Campaign of 1864-65, Schribners, 1916, p. 399)
At the time of General Lee's surrender the Army of the Potomac and the Army of the James under
Lieut. Gen. Ulysses GRANT numbered 4,370 officers and 103,126 men; total of 107,496 (Rebellion Records, series 1, v.
46, pt. 1 pp 61 a d 63)
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In our first edition we printed an account of the last battle of the Civil War fought at Hanging
Dog. The following is an addendum to the account with some follow-up of some of the participants invalued in that skirmish.
I want to add to this sketch a correction of an error in an article published several months
ago by a Judge, whose name I have forgotten, in an Asheville paper.
In writing an article about Captain Jim Cooper being in the legislature with him, where they
got a Bill through appropriating $1,000,000.00 to build a railway from Waynesville to Murphy, he said that Captain Cooper's
Father was a Captain in the Confederate Army and near the end of the War his health broke down and he got his young son Jim
appointed in his place.
That is not so. Captain Cooper's Father was an old man and was never in the Confederate Army
a day in his life. The facts are that Col. Thomas sent Captains Commissions to J. W. Cooper of Cheoah and Willis Parker of Valley River late in 1861 or early in 1862 and asked each of them to get up a Company to join his Regiment. They each
made up a Company, Cooper's Company camped at what is now Robbinsville. Parker's Company camped at what is now Marble and
called it Camp Valley Town.
I joined Parker's Company. Both Companies drilled at their camps for a short time and then were ordered to Chilhowie
[Chilhowee], Tennessee, and there drilled until
further orders.
From that time until near Christmas 1864, the two Companies were together in the 69th Regiment
part of Thomas' Legion. They were together every day, in camp, on the march and in battles. And this is the true
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story of how he got the name of Captain Cooper. That Judge may know the law and write some
good decisions, but he was not fully informed about Captain Cooper's War Record.
I know Captain Jim Cooper from boyhood, we went through the War together and I know I am writing
FACTS. After the War we were Partners in the Real Estate Business for 30 years.
(Signed) John H. Stewart
Ex. lst. Lieut. Co. I., 69th. N. C. Reg.
Know that there were many questions asked about the Civil War to which it is difficult to
get the correct answers. I prepared a list of questions which I sent to Major General James F. McKinley, the Adjutant Generals
Office in Washington. D. C., asking him to assist me by answering these questions,
from the records on file in that Office. He kindly answered me and further referred me to various Histories that I could consult
in several large Libraries. Also referred me to the Veterans Administration in Washington.
D. C. where W. S. Moore, Jr., Budget Officer and Chief of Statistics gave me valuable information.
Of the Libraries to which I wrote, some answered me giving information, others answered that
they did not have the books in which I had asked them to look, still others advised me that the records were incomplete and
any answers given would be only approximately correct. These conditions applied to questions which I asked about both the
Union and the Confederate Armies, as the Confederate Records were in many cases incomplete. I suppose
from reports and papers being lost in battles or
page -47-
in the records being moved from different places or from being lost in the transfer of the
Confederate Archives from Richmond. Virginia, to Washington,
D. C., after General Lee's Surrender.
The Pensions Records are in better shape as that was nearly all Office work conducted after
the War, and not subject to mishaps. There were many questions about the Confederate Army that could not be answered definitely.
I got some valuable information from the Texas State Library at Austin. I have
condensed this information in the attached pages which I would appreciate you putting in the Back of the Booklet that I sent
you on the Last Battle of the Civil War, East of the Mississippi fought at Hanging
Dog Creek, in the Mountains of Cherokee County in Western North Carolina.
Take good care of the Booklet for in these pages you can easily find the answers to questions
that would be hard to find elsewhere. I also thank the Adjutant Generals Office, the Veterans Bureau and the Libraries
who so kindly helped me in securing this information.
John H. Stewart
Ex. lst. Lieut.** 69th N. C. Regiment
