Diary and Letters of Rutherford Birchard Hayes

Tuesday, [January] 14. — A warm, pleasant day. Sent three companies late last night to Tompkins Farm under Captain Sperry; a dark, muddy march — just out of good quarters too. Colonel Hatfield of [the] Eighty-ninth Regiment makes a singular point as to my rank compared with his. He was appointed colonel about December 1, and has a commission of that date; that is, at the bottom are the words “issued this day of December” and also sealed, etc., this day of December. My commission in like manner was of November 1. Colonel Hatfield was major before and acted as second in command until he received his commission. But his commission in the body of it has a clause to take rank from October 2, 1862, which is twelve days earlier than mine. He claims this is the date of his commission. Not so, the date is at the bottom as above. A note dated December 1 with interest from October 2 is still a note of December 1. But what is the effect of the clause or order in the body of the commission? I say nothing. The governor of a State has no power to give rank in the army of the United States prior to either appointment or actual service in such rank. If he could confer rank two months prior to appointment or service, he could two years. He could now appoint civilians to outrank all officers of same grade now in service from Ohio or from any other State. But this is absurd. A commission being merely evidence of appointment, the governor may perhaps date it back to the time of actual appointment or service. The President of the United States, as Commander-in-Chief of [the] United States army, can, perhaps, give rank independent of service or actual appointment. But if a state governor is authorized to do so, the Act of Congress or lawful order for it can be shown. Let us see it.

The President’s power to appoint and to discharge officers embraces all power. It is supreme. But the governor has no power of removal. He can only appoint according to the terms of his authority from Congress or the War Department. What is that authority?

The appointments are often made long before the issuing of commissions. The commission may then well specify the date from which rank shall begin. But I conclude there can be no rank given by a governor prior to either commission, appointment, or actual service. Else a citizen could now be appointed colonel to outrank every other colonel in the United States, and be entitled to pay for an indefinite period in the past, which is absurd.

The governor has no authority to put a junior over a senior of the same grade. He may promote or rather appoint the junior out of order, because the power to appoint is given him. But to assign rank among officers of [the] same grade is no part of his duties. Why is such a clause put in commissions? (i) Because appointments are often made (always so at the beginning of the war) long before the commissions issue. (2) In recruiting also, the appointment is conditional on the enlistment of the requisite number of men. Of course the rank dates from the appointment and actual service.

But the great difficulty lies here. Is not this clause the highest evidence — conclusive evidence — of the date of the appointment? Can we go behind it? I say no, for so to hold is to give the governor the power to determine rank between officers of [the] same grade after appointment.

The order of appointment is highest (see Regulations). The governor’s order may be written, as Governor Dennison’s were, or verbal as Governor Tod’s are — to be proved in one case by the order, in the other verbally.

Camp Reynolds, Near Gauley Bridge, January 12, 1863.

Dear Uncle: — Yours of the 6th came duly to hand. The death of Magee is indeed a public calamity. No community has such men to spare. There is, I judge, no doubt of the death of Leander Stem. More of my acquaintances and friends have suffered in that than in any battle of the war except those in which my own regiment took part. It was Rosecrans’ personal qualities that saved the day. He is not superior intellectually or by education to many of our officers, but in headlong daring, energy, and determination, I put him first of all the major-generals. He has many of the Jackson elements in him. Another general, almost any other, would, after McCook’s misfortune, have accepted a repulse and turned all his efforts to getting off safely with his shattered army.

Sherman has been repulsed, it seems. No doubt he will get aid from below and from Grant. If so, he will yet succeed.

I do not expect a great deal from the [Emancipation] Proclamation, but am glad it was issued.

Notice Governor Seymour’s message. It shows what I anticipated when I was with you — that the logic of the situation will make a good enough war party of the Democracy in power. If you want to see eyes opened on the slavery question, let the Democracy have the power in the nation. They would be the bitterest abolitionists in the land in six months. I am perfectly willing to trust them.

I received a letter from Dr. Joe saying he would bring Lucy and Birch and Webb back with him. They will enjoy it, I do not doubt.

I am now in command of [the] First Brigade of [the] Second Kanawha Division. General Ewing has gone South with six regiments from this quarter. This leaves us none too strong, but probably strong enough. I shall probably have command of the extreme outposts. I am not yet in command at Gauley Bridge. I say this because I think it very insufficiently garrisoned, and if not strengthened a surprise would not be remarkable. If I am put in command, as seems likely, I shall see it fixed up very promptly.

Sincerely,

R. B. Hayes.

S. BIRCHARD.

Sunday, 11. — Moved into my new quarters last night. Ratherish damp; roof and gables of “shakes,” a little open; no ceiling or flooring above; altogether cool but not unpleasant. A letter from Dr. Joe. Lucy and Birch and Webb to come up and give me a visit. Right jolly! A letter from Uncle also.

Rosecrans by his fiery and energetic courage at Murfreesboro or Stone River saved the day. Not intellectually an extraordinary man, but his courage and energy make him emphatically the fighting general of this war.

Wednesday, January 7, [1863]. — Appointed to command First Brigade, Second Kanawha Division. Rather a small affair — Twenty-third Regiment and Eighty-ninth Regiment, Captain Harrison’s Cavalry, Captain Gilmore’s ditto.

Reports, after several days’ desperate fighting, General Rosecrans has taken Murfreesboro and defeated Bragg.

Camp Reynolds, Near Gauley Bridge, January 6, 1863.

Dear Mother: — This is a rainy day — the first we have had in a great while. I never saw finer weather than we have had. It has enabled us to finish our log cabins and we are now in most comfortable quarters. It would surprise you to see what tidy and pretty houses the soldiers have built with very little except an axe and the forest to do it with. My house is a double cabin under a roof about sixty feet long by twenty wide with a space between the cabins protected from weather.

I see that the One Hundred and Thirteenth is ordered off, so I suppose Laura is at home again. I shall write to her in reply to her good letter soon. I think not less but more of her since she has made so valuable an addition to the kinship.

I am writing to Dr. Joe to bring Lucy out here, if he thinks well of it. There are three or four officers’ wives in this quarter now. .

Affectionately,

Rutherford.

Mrs. Sophia Hayes.

Tuesday, January 6. [1863]. — Very fine weather for a week past, and I am busy digging ditches, building walks, roads, bridges, and quarters. A pleasant occupation.

Great fighting at Murfreesboro; heavy losses on our side, but the general result not yet known. Rainy today. I must build a skiff to get over to the brick house to headquarters easily.

During past year we have received sixty-eight recruits; discharged sixty-six; killed in action forty-seven; died of wounds twenty; died of disease fifteen. [Total] deaths eighty-two. Total loss aggregates one hundred and forty-eight. Net loss eighty.

Camp Reynolds, Near Gauley, Virginia, January 4, 1863.

Dear Uncle: — First of all, my arm gives me no trouble at all ordinarily. Getting on or off from a horse, and some efforts remind me once in a while that it is not quite as good as it was. Perhaps it never will be, but it is good enough, and gives me very little inconvenience.

I am learning some of your experience as to the necessity of overseeing all work. I find I must be out, or my ditches are out of shape, too narrow or wide, or some way wrong, and so of roads, houses, etc., etc. We are making a livable place of it. I put off my own house to the last. Fires are now burning in it, and I shall occupy it in a day or two. It is a double log cabin, two rooms, eighteen by twenty each, and the open space under the same roof sixteen by eighteen ; stone fireplaces and chimneys. I have one great advantage in turning a mud-hole into a decent camp. I can have a hundred or two men with picks, shovels, and scraper, if I want them, or more, so a day’s work changes the looks of things mightily. It is bad enough at any rate, but a great improvement.

We have rumors of heavy fighting in Tennessee and at Vicksburg, but not enough to tell what is the result. I hope it will be all right. I tell Dr. Joe to bring out Lucy if he thinks best, and I will go home with her.

Sincerely,

R. B. Hayes.

S. BURCHARD.

Camp Reynolds, January 4, 1863

Dearest: — The same old camp, but “Reynolds,” after our gallant Sergeant-Major Eugene M., [L. Reynolds] who was killed at South Mountain.

I am glad you are all well and happy with the uncles and “all the boys.” Yes, I confess I did forget the 30th [the tenth anniversary of his marriage]. Strange, too. I had thought of it a few days before. I did not neglect to think of you. That I do daily; but nothing occurred to call to mind the happy day. A white day in my calendar — the precursor of the ten happiest years. On the 30th we were all agog with the order and movements connected with General Ewing’s departure with four of our regiments. This may have caused the lapse.

We had none of your bad weather. This [the] morning opened rainy, windy, and turbulent, but by 2 P. M. it was warm, bright, and serene. At our evening parade I made a little address on the New Year and the past. I’ll send you it to be put in the archives.

It is Sunday evening and our cook, Frank Halpin (the best tenor going), with three or four Company A comrades are singing in the kitchen. “Magnif!”

In the very worst of the rain-storm this morning, an ambulance passed with Mrs. Brown, her son, and Ed Cook. Ed is sick, decidedly, not as yet dangerously. He refuses to go home because he has been home sick already. Plucky. Perhaps it’s as well, although I rather urged his going. He will go to Cannelton, where the regiment is now stationed, and will be well cared for. Mrs. Brown takes the captain home. I suspect Ike [Nelson]¹ will soon be captain of the company. Brown is not able to stand service, I think. Ike now commands the company.

Send me Rud’s picture, and another installment of mine, for distribution.

If not costing more than about a couple of dollars, I wish Joe would bring me Adam Smith’s “Wealth of Nations,” also “Lucile.” The first large print. At Gallipolis or somewhere he better get three or four split-bottomed or other cheap chairs — none but cheap— [and] a cheap square looking-glass.

I am still busy trying to conquer the mud. We are very comfortable but a sprinkling of snow or rain makes us ankle-deep where the sand is not put on. This and our little town gives me plenty to do. The lieutenant-colonel and major are both absent.

I shall be very glad to have you here. My only fear is possible ill health for the boys. There is less sickness than last year and by keeping carefully housed if the weather is bad, you will be safe. — Darling, much love for you and the dear ones at home.

Affectionately,

R.

Mrs. Hayes.

[The address mentioned in the letter follows.]

Comrades: — We have just closed an eventful year in our soldier life. During the year 1862 the Twenty-third Regiment has borne well its part in the great struggle for the Union. The splendid fight of Company C at Clark’s Hollow, the daring, endurance, and spirit of enterprise exhibited in the capture of Princeton and Giles Court-house, the steadiness, discipline, and pluck which enabled you, in the face of an overwhelming force of the enemy, to retreat from your advanced position without panic or confusion and almost unharmed, the conspicuous and acknowledged achievements of the regiment at the battles of South Mountain and Antietam, amply justify the satisfaction and pride which I am confident we all feel in the regiment to which we belong.

We recall these events and scenes with joy and exultation. But as we glance our eyes along the shortened line, we are filled with sadness that we look in vain for many forms and faces once so familiar! We shall not forget them. We shall not forget what they gave to purchase the good name which we so highly prize. The pouring out of their lives has made the tattered old flag sacred.

Let us begin the new year — this season to us of quiet and of preparation — with a determination so to act that the future of our regiment shall cast no shadow on its past, and that those of us who shall survive to behold the opening of another new year shall regard with increased gratification the character, history, and name of the gallant old Twenty-third!

¹ Cook and Nelson, cousins of Mrs. Hayes.

Camp, December 31, 1862.

Dearest : — This is New Year’s eve. Dancing and merriment seem to prevail. Many men and a few officers are expecting to go home soon. Sergeant-Major Sweet will take you this, and the McCook and Andrews spurs. We have had a great change this week. Colonel Ewing — I mean General Ewing — has gone South, taking with him the Thirtieth, Thirty-seventh, and Forty-seventh Ohio and Fourth Virginia. The Eighty-ninth goes into the fine camp left by the Thirtieth, ten miles below here; a great gain to the Eighty-ninth. The Ninety-second goes to Tompkins Farm, the camp left by the Forty-seventh, and are great losers by the change; mad about it, too. We get rid of divers old troubles, but remain in our log-cabin camp, and are content, or rather pleased, upon the whole.

Now good night. Happy New Years to all. If no further changes occur, and Uncle Joe would like to bring you up here with one or two boys, I suspect you would like to come. Think of it, and I will try to see you part of the way home, or all of the way. Let him start about the middle of the month, so as to reach here by the 20th. It will probably rain and be muddy enough, but it will be funny and novel.

Good night. If Grandma wants to come, she will be welcome, she knows, but I mistrust the peculiar climate we have. Our weather this month has been much better than in Ohio.

Affectionately,

R.

Mrs. Hayes.