For the past three or four years, when I open the floor at
one of my talks for questions, frequently I get the question, "Was the
home guard really that bad?" This happened just this past Saturday night
at an interpretive program I was doing for the National Park Service. Many
people have read or seen Charles Frazier's Cold
Mountain. Frazier portrays the Home Guard in a not-so-favorable light. Is
his portrayal accurate?
The Home Guard was created in July 1863 by the General
Assembly and signed into law by Governor Vance. Section 2 of the Act states
that: "the Governor shall have the power to use the Guards for Home
Defence for the purpose of arresting conscripts and deserters." Section 1
states that the home guard can be "called into actual service to repel
invasion, or suppress insurrection, or to execute laws of the state." So,
there are the purposes of the home guard: to repel invasion, to suppress
insurrection, to carry out the law, and to arrest conscripts and deserters.
While there are some instances of the Home Guard working to
repel invasion, such as the battle of Asheville, or opposing Stoneman's Raiders,
most of their activities focused on the other part of their mandate. For the
next few minutes, let's focus on that Section 2: arresting conscripts and
deserters.
What is a conscript? In April 1862, the Confederate
government passed a Conscription Act requiring all white males, unless exempt,
to enlist in the army. Eventually, the age range was modified to 17 and 50,
with the 17 year olds serving in the junior reserves and the 45 to 50 year olds
serving in the senior reserves. When the law was originally passed, military
aged men were given a grace period in which to volunteer. If they did not
volunteer within that time, they were forced into the army. Part one of the job
of the Home Guard was to make sure those men were enlisting in the army.
Just who made up the Home Guard? Often, the Home Guard was
made up of former Confederate soldiers who had been discharged (often for being
wounded) and, of the officer corps of the militia. Every county had at least
one pre-war militia regiment. Each county was divided up into districts (the
precursor of townships). Each of these districts had on average three company grade
officers. Often times, these men served as justices of the peace and/or
magistrates. These two groups formed the core of a home guard company.
Given the nature of rural areas, most of the men in these
Home Guard companies were at minimum familiar with each other, and in many
cases, were related, if not by blood, then by marriage. Likewise, the conscript
dodgers that the Home Guard were chasing fall into that same line. Those trying
to evade service were at least familiar with, if not related to, those who were
attempting to enforce the law. You may also say the same thing about deserters.
Men who were AWOL (absent without leave) or declared deserters, were soldiers
who had come home without leave. Some were simply trying to take care of their
families. Others might have been suffering from PTSD, while others had just had
enough of the army, or, in a few cases, truly had Unionist beliefs.
So, to get back to the Cold
Mountain reference. If you were a loyal Confederate, whose husband/sons or
brothers were off fighting for the Confederate cause, you probably did not have
any problems with the Home Guard. In fact, the Home Guard was probably your
friend, out trying to round up those who kept stealing your livestock or raiding
your smokehouse and/or corncrib, and the Guard might even possibly prevent an
attack upon your person. Yet if your loved one was attempting to evade military
service, there were difficulties coming your way.
Through my research into Watauga County, whose Home Guard
commander Maj. Harvey Bingham was awarded a letter of thanks by the North
Carolina General Assembly, I was able to document (to some degree) the
activities of the 11th battalion, North Carolina Home Guard. It appears that Home
Guard commanders routinely received lists of deserters from the army. At the
same time, they undoubtedly kept lists of those trying to evade military
service.
If you were trying to evade service, your house could be
searched. George
W. Eggers took to "scouting," trying to avoid the recruiters from
both armies. Once, while he was hiding upstairs in his home, his wife Lucinda
"took a piece of burning chestnut bark from the fireplace and gave one
soldier a whack with it as he was climbing the ladder...." On another
occasion, Eggers was concealed beneath the floor at a neighbor's house. He had
a bad cough, and he "said it liked to killed him trying to hold back his
cough...."
At other times, the Home Guard was waiting for you.
For months, they had been trying to capture Leander Pyatt. According to the
family story, Pyatt was hiding in the woods near his Mitchell (now Avery) County
home. He sneaked in one night to fix the shoes of his children and was
captured. The Home Guard was waiting for him. He died a few weeks later in
Atlanta.
According to an old typescript manuscript about the
Civil War in Watauga County, there was a cemetery in the Deep Gap area that
bore a tombstone for a man named "Black" who was killed by the Home
Guard. In the Aho community, a man named Hines was shot by the Home Guard as he
begged for money. Supposedly, Bettie and Lucy Story saw that the man got a
decent burial. And in the Dutch Creek community, a man by the name of Shoemaker
was killed by the Home Guard and buried in Valle Crucis. Dugger records that
Shoemaker's father came and removed the remains to Alexander County. Yet a
different source tells that Nathan Harrison left to join the Union army, and
the Home Guard went to Richlands in Caldwell County and “shot a Nelson man but
found out he was mistaken and had shot the wrong man.” Chances are we will
never definitely know the validity of these stories.
Possibly the best known story in the state comes from
the Randolph-Moore-Montgomery County area. A two-week campaign was led by Collet Leventhorpe against
deserters/dissidents/conscript dodges in these areas. One member of the Home
Guard wrote: "we marched 16 miels
an back yesterday... the desrtrs shot in our men an kild one man an hit a
nother one in the under gaw We ar taking
the fathers of the Desertrs to the Camp an trete them as prisners untill that
send for ther suns to relece them. we are taking property too... we bring
wiming [women] to the camp that has husbins in the wodes tell thea send for
them an bring them in that is the best
way to Cetch them."
I want to reiterate that the deserters/dissidents were
not lying peacefully at home, or out tending their fields. They actually formed
bands of armed gangs that roamed the countryside, robbing, raping, and
murdering. One band near Roan Mountain numbered 200 men. Another band in the
Trap Hill section of Wilkes County numbered up to 1,500 men. The Confederate
government actually sent front line infantry and cavalry regiments to deal with
the latter.
This story could go on and on with little pieces of
history I have found over the past. But to answer the question once again, were
the Home Guard really that bad? If you were evading Confederate law, yes, it
really could be that bad.