"Thomas' Legion fired the 'last shot' of the American Civil War east of the Mississippi River"
On May 6, 1865, Lieutenant Robert T. Conley and a small company from Thomas' Legion clashed with Union Lt. Col. William C. Bartlett's 2nd North Carolina Mounted Infantry Regiment in White Sulphur Springs. When Conley was passing through the woods, he was unaware of Bartlett's presence and
actually stumbled into Bartlett's regiment. Conley rapidly formed a skirmish line and commenced firing causing the Yankees
to run in confusion. In the Civil War the last man killed east
of the Mississippi River was Union soldier James Arwood at White Sulphur Springs, North Carolina. After the Civil War, Mr.
Conley often stated, "I still have James Arwood's gun as a relic." The Last Shot should also be defined
as the last Union and Confederate forces in combat east of the Mississippi and should not be viewed or confused with
the United States Army fighting bushwhackers and outlaws.
2) The Final Formal Surrender: American Civil War
| "Final Surrender" Memorial: Franklin, N.C. |
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| Photographed by the Writer |
| "Final Surrender" Memorial: Franklin, N.C. |
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| Photographed by the Writer |
"East of the Mississippi River, Thomas' Legion surrenders the last soldiers of the American
Civil War"
May 12, 1865,
is the "The Final Surrender" for Thomas' Legion. The First Battalion's Company E soldiers signed the parole papers beginning on May 12, with the last signature recorded on May 14, 1865 (Thomas had surrendered on May 9, 1865).
Captain Stephen Whitaker and Company E, First Battalion of Thomas' Legion were stationed at nearby Franklin, North Carolina. Whitaker and Company E had recently "Skirmished at Hanging Dog," Cherokee County, and were advancing toward White Sulphur Springs
to reinforce Thomas when they were intercepted. General Tillson had ordered Colonel George W. Kirk and the Union's 3rd North Carolina Mounted Infantry Regiment to Franklin (O.R., 1, Vol. 49, part II, p. 689), and, when they approached the battalion, Captain Whitaker formed a skirmish line. He soon received word of Thomas and Martin surrendering at Waynesville, and then Whitaker and
Company E also surrendered. On May 14, 1865, the Legion's soldiers finished signing the
paroles and they viewed Whitaker roll them up, tie them, place them in a Haversack, and give them to Col. Kirk's
Courier. "And thus at 10 o'clock in the morning of May 14, 1865, our Civil War Soldier Life ended and our Every Day Working
Life began," said John H. Stewart of the Thomas Legion. The confederates surrendered
to Colonel Kirk understanding that additional
fighting was futile and senseless, and, finally, the aftermath embraced the region.
Letter regarding Captain Stephen Whitaker's parole:
Head Quarters 3rd Regt. N.C. Mtd. Infty.
Franklin, N.C. May 12th, 1865
The bearer here of Stephen Whitaker Captain* Co. E 1st Batt. Thomas Legion C.S.A. having given his word of honor not
to take up arms against the United States Government, nor give aid or assistance to its enemies until duly exchanged as a
prisoner of war is paroled and has permission to go to his home and there remain unmolested.
W.W. Rollins Maj
By order of Col. George W. Kirk
3rd N.C. Mtd Infty
Cmg 3rd N.C. Mtd Infty
* Establishes
the fact that when Stephen Whitaker was paroled he was recognized as a captain and not a major. However, William Stringfield,
Robert A. Akin, and others referred to the aforementioned as MAJOR Stephen Whitaker. In reconciling the disparity, this writer
concludes: Captain or Major? A captain was the assigned rank for company commander, and major or lieutenant colonel was the
assigned rank for a battalion commander. The disparity in Whitaker's rank may be due to the fact that for a portion of the
war, Whitaker commanded the entire First Battalion, Thomas' Legion. Again, typically, a major or lieutenant colonel commanded
a "battalion" and therefore, unofficially and respectfully, many referred to Stephen Whitaker as MAJOR. It is also the writer's
view that Stephen Whitaker should have been officially promoted to at least major due to "rank verses responsibility."
The Union Army recruited two mounted Infantry regiments within North Carolina, and both mounted regiments were principally raised from Western North Carolina counties:
William C. Bartlett, Union's 2nd North Carolina Mounted Infantry Regiment; and George W. Kirk, Union's 3rd North Carolina
Mounted Infantry Regiment. Recruitment of these regiments epitomized the "Brother's War" and the men serving in the two Union
mounted infantry regiments were commonly referred to as "Home Yankees." Approximately 10,000 white North Carolinians served the United States during the war, while more than 5,000 North Carolina African Americans joined the Union Army. These free blacks and escaped slaves served in segregated regiments led by white officers.
Union Major General
George Stoneman's command as it concerns Western North Carolina in 1865: Second North Carolina Mounted Infantry Regiment,
Lieut. Colonel William C. Bartlett; Third North Carolina Mounted Infantry Regiment, Colonel George W.
Kirk; First Brigade, Commanding Colonel Chauncey G. Hawley; Fourth Division, Department of the Cumberland, Brig. General
Davis Tillson; District of East Tennessee, Major General George Stoneman (To view entire Union District of East Tennessee, including 1st and 2nd Brigades, and Brig. Gen. A. C. Gillem's
Cavalry Division, please see O.R., 1, 49, Part II, pp. 538-539)
3) Order of Surrendering Confederate Forces
On April 9, 1865, General Robert E. Lee surrendered the Army of Northern Virginia to Lieutenant General Ulysses S. Grant at the home of Wilmer and Virginia McLean in the town of Appomattox Court House, Virginia. On
April 26, 1865, General Joseph Johnston surrendered to Major General William T. Sherman near Durham, North Carolina (Bennett Place State Historical Park). On
May 4, 1865, General Richard Taylor (son of Zachary Taylor, 12th President of the United States) surrendered at Citronelle, Alabama. On May 12, 1865, Captain
Stephen Whitaker surrendered Walker's Battalion to Colonel Kirk. On June 2, 1865, General Edmund
Kirby Smith surrendered the Confederate Department of the Trans Mississippi to Major General Canby. On June
23, 1865, General and Cherokee Chief Stand Watie surrendered Cherokee forces in Oklahoma.
Advance to:
(Final surrender of Confederate forces "West of the Mississippi")
Recommended Reading:
Highly
Recommended Reading: Storm in the Mountains (Thomas' Legion: The Sixty-ninth
North Carolina Regiment). Vernon H. Crow, Storm in the Mountains, spent 10 years conducting extensive Thomas Legion's
research. In addition, Mr. Crow was granted access to rare manuscripts and privately held diaries, which adds great depth
to this rarely discussed Civil War legion. It also contains rosters which is an added bonus for researchers and genealogists.
Mr. Crow, furthermore, left no stone unturned while examining the many facets of the Thomas Legion. Crow's research is conveyed
on a level that scores with Civil War students and scholars alike.
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