On the 28th two more deserters were shot; both men were bounty jumpers and deserved their fate.
Diary of a Young Officer–Josiah Marshall Favill (57th New York Infantry)
August 25th. Received a telegram through army headquarters from Charleston, announcing a great victory there; we hope its utter destruction draws very near.
August 21st. Remained on the alert all night; this morning received orders to pitch tents again and to resume camp duties, which was done immediately and all became calm, pleasant, and delightful.
The supply of three days’ rations was kept up until the 20th, when orders were received to prepare to march at once. Tents were struck, wagons loaded, and all made ready; towards afternoon heard some firing in the distance on our left, but got no particulars.
August 16th. Sunday morning, immediately after breakfast, four officers were detailed from the staff to inspect the several brigades, notice of which had been given to their commanders. I was ordered to the Irish brigade, Colonel Kelly commanding, a painstaking, competent, and excellent officer. I followed my instructions closely, and made the most critical inspection of arms, accoutrements, contents of knapsacks, and of the three days’ supply of rations supposed to be in the men’s haversacks, subsequently of company quarters. I was surprised to find the brigade in such excellent condition, and made a very favorable report; after the inspection I accepted an invitation to the colonel’s quarters, and was regaled with champagne and fine cigars; there were, of course, all the regimental commanders present and we had an agreeable half hour. They are a brilliant lot of soldiers, and jolly boon companions.
August 15th, 1863. So hot to-day that none but necessary duties have been ordered. Palm leaf fans were in demand, and most of the day we lay upon our beds under the awnings, in very primitive attire, making industrious use of them. There is little of military interest to note. Lee apparently is resting from his labors, and we are doing the same, besides trying to do something to fill up the old regiments. Several of them have been ordered home to see if their renown will not be an inducement for men to join them. Crosses’s old regiment, the Fifth New Hampshire, is amongst them. Volunteers are not to be had now in any number, and these big bounty men and substitutes are not worth having, as they very generally desert the first chance they get. It is too bad the enthusiasm should have waned so seriously. Our armies in the last two months have won great victories. Gettysburg with nearly twenty thousand loss to the enemy. Vicksburg said to be thirty thousand, and two hundred guns, Port Hudson a couple of thousand men, besides minor affairs, aggregating a tremenduous reduction in the enemy’s force, and immense loss of territory. If we could just get enough men to bring the old regiments up to their original strength, the war would soon be ended.
About 12 M. orders came from corps headquarters to issue three days’ rations, and have the troops in readiness for an immediate movement.
“I entered upon the duties of division judge advocate immediately, and soon became fascinated.”– “A military execution is a very solemn and impressive pageant.” –Diary of Josiah Marshall Favill.
The change from brigade to division headquarters under the circumstances, is a wonderful piece of good luck for us; the division staff is much larger and more important than that of a brigade, and the field of observation much enlarged. The general and entire staff mess together, and this is one of the features of General Caldwell’s headquarters. He is sociable, interesting, and an excellent conversationalist, and makes the hours of meals a genuine interchange of ideas on every variety of subject, save only those of an official character, which are rigidly excluded. No shop, as the staff call it, being permitted. There are some bright fellows here, many of them full of wit and fun, others very learned, and most of them with some particular claim to distinction. I was assigned to the tent of Captain James G. Derrickson, Sixty-sixth New York, now ordnance officer, and we soon become fast friends. He is about my own age, tall, active, intelligent, well educated, and most ingenuous, singularly good natured, he enjoys getting himself into all sorts of ridiculous situations, to his own confusion, and the amusement of the crowd. He and I have infinite fun in our encounters of wit, and when not otherwise occupied of an afternoon, usually collect a small crowd under our awning to enjoy the fun. He is fastidious in his tastes, and as honorable as any Knight of the famous Round Table.
The chief-of-staff, John Hancock, brother of General Hancock, is an agreeable and accomplished officer, exceedingly pleasant to the officers of the staff, and one of the ablest adjutants in the corps. Lieutenant Alvord, the general’s chief aide-de-camp, is a handsome, dashing New Yorker, full of fun and cordiality. Captain Hobart, the provost-marshal, is not handsome, but one of the best fellows, and a gallant and excellent soldier. Captain Wilson, the mustering officer, is a brother of Mrs. Governor Curtin, of Pennsylvania, and is noted for his abilities and gallant conduct in many fights.
The surgeon of the division, Doctor R. Cresson Stiles, is a graduate of Yale, and half a dozen European universities besides; is very learned, very accomplished, and a noted surgeon. He took an interest in me from the first, and is frequently in my quarters; an expert horseman, swordsman, and pistol shot, active and young, he loves to dash across the country and get away from camp. We began to fence and shoot together immediately, which soon brought in the others, till finally all hands fenced and shot an hour or so every day.
I entered upon the duties of division judge advocate immediately, and soon became fascinated. All courts martial sitting in the division, are detailed and organized through my office. I make the selection of officers and the adjutant general details them. We have now three courts in operation, one of which I serve as judge advocate. In this, the principal court, cases of commissioned officers and capital cases of enlisted men are tried, the proceedings of all cases tried in the other courts are submitted to me for review, and are then transmitted by me, with notations, to the general commanding, for ultimate action. It is surprising how many delinquents there are in the army. The Irish brigade is a great sinner in this respect.
In my court we sit from 10 A. M. till 2 or 3 P. M., holding the court in a large hospital tent. The duty of a judge advocate is much like that of a district attorney. He prosecutes for the Government, but at the same time is bound to see the prisoner’s rights are not interfered with. We have our text books and regulations to guide us, and in the absence of special instructions, follow the custom of common law or common sense.
There are many cases of desertion, especially of bounty and drafted men and in order to keep the army together it is indispensable to resort to the most severe punishment. In this camp we tried and found two private soldiers guilty of desertion, and sentenced them to be shot. The sentences were approved by the general commanding the army (which in capital cases is necessary) and was very shortly afterwards carried into effect.
A military execution is a very solemn and impressive pageant. The doomed man marches to his own funeral, to the solemn music of the band, in presence of the whole command. In the two cases mentioned above, the utmost pomp and display was made, to render the executions as impressive as possible. The whole division paraded in full dress, and in column of division, marched upon the ground following the prisoner, led by the band, playing the “Dead march” in Saul. A squad of men from the provost guard immediately followed, then four men carrying the coffin on their shoulders, with the prisoner walking close behind, his buttons and regimental insignia stripped from his clothing; a few files of men with muskets loaded, and bayonets fixed, marched directly in rear of him, the firing party under command of the provost marshal. Then follows with arms reversed, the entire command, marching in step to the solemn cadence of the music. Arriving upon the field, the troops form three sides of a square, while the band, prisoner and provost guard march directly forward to the unoccupied side of the square, halting before a grave already dug. The bands wheel out of line, the bearers of the coffin place it on the ground, close by the new made grave, the prisoner is marched up and seated on the coffin, while the firing party halt a few paces in rear. Then the adjutant general advances and reads the proceedings of the trial, the sentence, and the confirmation of the general-in-chief. Immediately afterwards the prisoner is blindfolded, still sitting on his coffin, and the command is given to “Aim! Fire!” and the lifeless body of the unfortunate soldier falls over, invariably dead. It is certainly an awful and solemn duty, yet necessary for the safety of the forces. The execution over, the bands strike up a lively air, and at a quick step the troops march back to their camps.
The present position of the division is on the Edwards farm, Morrisville, Fauquier County, and is delightfully situated. We have never remained inactive in the summer season so long before, and greatly enjoy the freedom and comfort of not being too close to the enemy. The country seems better than most places we have seen heretofore, certainly an improvement on the neighborhood of Fredericksburg and Alexandria. To the north and northeast, the highest peaks of the Blue Ridge are visible, which adds to the picturesqueness of the view. The land is as usual poorly cultivated and there are no fruit trees, which seems curious in so pleasant a climate; of course there are no fences, they having long ago disappeared in camp fires.
Our. daily routine is an excellent breakfast eaten al fresco, whilst the best of bands discourse sweet music, followed by half an hour’s chat, then comes the gallop, a few minutes’ pistol practice, and then to work, each one of us at our respective duties. My court sits at 10 A. M., there being no clerks allowed in the court room, I am obliged to take down the evidence myself, which I do very rapidly and very illegibly; after the session is over, the clerks take charge of the scrawls, and by the following morning the proceedings are all in handsome form, engrossed and ruled according to regulations. Dinner about 2 P. M. and no further duty as a rule for the day, and so we go off on expeditions, get up horse races, hurdle jumping, fencing matches, and when it is very hot, sit under the awnings and enjoy a battle of wits. Sometimes we have a division review, then there is plenty of riding and plenty of fun.
Broom has been assigned to the duty in which above all others he excells, caterer for the mess, and he is entirely competent and in his proper element. He has infinite resources of persuasion and cheek, and all his other duties are subservient to this important function. Besides his aptitude for this sort of thing, he is a typical gentleman sport and horseman, very good looking, weighs about two hundred pounds, with a hearty manner, and is quite irresistible.
Public funeral of General Zook.–New York City draft riot.–Leave of absence.–Appointed Judge Advocate of 1st Division, 2nd Corp.–Diary of Josiah Marshall Favill.
Broom and I rode upon the box containing the general’s remains, in a freight car crowded with corpses, and the stench was prodigious. Several others were in the car, there being no passenger cars on the train for some reason. We moved very slowly and did not arrive in Baltimore till seven o’clock the following morning. The weather was fearfully hot and our position most distressing. As soon as we arrived, in company with David, the general’s brother, we went to an undertaker and had the body embalmed, carefully dressed, and enclosed in a heavy casket. The following day we took the remains to Port Kennedey, Pennsylvania, his father’s home; here we remained two days, a continuous crowd of people flocking in from all the surrounding country to view the remains. During this time Broom and I relieved each other in standing guard, and in answering a thousand curious questions. In the meantime, the family received a telegram from the Mayor of New York City, asking that the remains be sent on to that city to receive a public funeral. The family consenting, on the 7th of July, in a special car sent by the Mayor of New York City, the remains in our charge, together with a large funeral party, left for that place, where we were received on arrival, by a detachment of militia and several very gorgeous staff officers, who escorted the party to the city hall; where the coffin was placed in the governor’s room, and there remained until Monday, July 10th, visited by thousands of people. The room was heavily draped in mourning, and either Broom or I, together with a guard from the city militia, was always on duty.
The city was in a terrible state of disorder. Incendiarism and rioting were rampant; the city was on fire in many places; negroes were hung to lamp posts, and everywhere lives and property were in danger, and the civil authorities temporarily helpless. Butler had been ordered from the front with his command, and the citizens were eagerly awaiting his advent, to stay the course of lawlessness. It is said to be a draft riot, and really is a fire in our rear by the very considerable body of Copperheads who infest this fair city.
In accordance with orders, as soon as the obsequies of General Zook were over, Broom and I reported to the military commander of the district, General Dix, when it was suggested as a mater of prudence we doff our uniforms. This seemed to us most astonishing, that the uniform which we supposed every man and woman, particularly just after such a great and magnificent battle, would delight in, should be a badge of disfavor, but as we had no citizens’ clothing, we were obliged to confine ourselves to those parts of the city considered least dangerous, which was most humiliating; however, we volunteered our services in case of necessity, left our address and retired. Mitchell very kindly sent us a twenty day leave of absence from General Warren, now in command of the Second corps, so we remained in town till the 27th. Butler soon arrived with a large force, which went into bivouac on the Battery, City Hall Park, and other open places, and the rioters were instantly brought under control. Guns were posted in various places sweeping the streets, and Butler’s reputation was not of the sort the rioters and negro lynchers cared to trifle with.
On the evening of the 27th, we bade good bye not reluctantly to civil life, and took the train for Washington, where we found that the Second corps was in camp near Warrenton, and so without loss of time took the military train, and on the evening of the 28th, arrived back in camp and reported to the headquarters of our old brigade, where we found my old friend, Colonel Frank, in command, and our horses and servants all glad to see us.
Our staff appointments of course were vacated by the general’s death, and we were simply regimental officers, not even entitled to our own horses; we had however, scarcely time to think of that, when we received the following order, which gave us great contentment.
Headquarters, 1st Div., Second Corps, July 28, 1863.
Special Order No. 691: Lieutenant J. M. Favill, Fifty-seventh New York Infantry, late aide-de-camp to General Zook, is hereby appointed Judge Advocate of this division, and Lieutenant C. H. H. Broom, Fifty-seventh New York Infantry, is hereby appointed acting aide-de-camp to the general commanding; these officers will report to the Adjutant General at these headquarters for duty without delay.
By order Brigadier-general J. C. Caldwell,
Commanding Division.
John Hancock A. A. General.
General Caldwell is one of the most genial and accomplished officers in the service, a scholar as well as soldier, and unusually amiable and affable in his manner. He received us very graciously and after many inquiries relating to Zook’s death and funeral, said he was glad to welcome us into his military family, and hoped we should find it agreeable, and our new duties satisfactory. We subsequently reported to Major Hancock, the assistant adjutant general, and the following morning moved bag and baggage up to division headquarters.
Our servants were very glad, having feared a return to the obscurity of regimental life, and Green and Kelly increased visibly in importance.
“…thousands were slain, but our line was unbroken, and the Stars and Stripes defiantly floated over the line of brave men.” –Diary of Josiah Marshall Favill.
A single life, even that of a distinguished general, in time of war is of slight consequence to the general result, and so in this case the battle continued in our absence, till late at night, when the Fifth corps took position on the front line.
The following day [3rd] about noon, the enemy opened fire from over one hundred guns, maintaining a terrific cannonading for over an hour, when again they attacked with extraordinary fury, making one of the most formidable charges of the war; thousands were slain, but our line was unbroken, and the Stars and Stripes defiantly floated over the line of brave men, who stood a steady, and valiant shield against all the fury and the power of the savage Confederacy. The following morning Lee withdrew, disheartened, and dismayed by his immense losses. The flower of the Southern Confederacy was left upon the bloody field, and its doom forever sealed; although they got away, they were maimed for life and beyond hope of recovery.
[July 3d]
Zook was calm, serene, and dignified, speaking occasionally, but never of himself, and apparently suffered but little pain. At daylight we concluded to move still further to the rear, as the cannon balls sometimes reached even this dreadful spot, so we took up the stretcher, and moved down the road amidst a motley crowd of ambulances, ammunition trains, and disorganized men, making it very difficult to get along; about a mile down the road we turned to the right, and took possession of a comfortable house; it was occupied by several women, who were scared out of their wits, and glad to have us in the house. We placed the general on the stretcher in the front room to the left on entering, and had the women make some chicken soup or broth. I asked the general if he would not like to see Dwight, the noted chaplain of the Sixty-sixth, a special favorite of his, but he declined, saying it was too late. He signified his wishes in respect to his private affairs, and requested me to attend to everything for him, then calmly awaited the end. At times he brightened up and spoke with considerable animation, so that we began to think the doctor might be mistaken, and tried to make him think so too, but he shook his head and said there was no hope. We had frequently amongst ourselves discussed the nature of various wounds, and were all aware that a shot through the intestines was considered necessarily fatal. He drank a little whiskey at times, and some of the broth that the women made for him, but towards evening he began to fail, and at five o’clock peacefully breathed his last.
Thus ended the career of a brilliant officer, an estimable gentleman, and a faithful friend. Killed at the head of his troops, on his native soil, defending the honor and integrity of the country he loved so well, is after all a glorious death to die, and so far as he is concerned, perhaps is the most fitting climax of a brilliant career. It is quite a different thing for those of us belonging to his military family, who have gone hand in hand together, since the very formation of the army of the Potomac. I was his chief aide-de-camp and enjoyed his confidence completely. He was to all of us friendly in the extreme, just, exacting at times, but always ready to acknowledge and give us credit whenever we deserved it. His death interrupts all our plans for the future, and our interest in military affairs seems to have entirely evaporated. What a blank in our lives his death will cause. From the day I met him first on Staten Island, when I turned out the guard to please him, I have been with him and always close to him, and knew him more intimately than any other person in the army. He was ambitious and intended getting transferred to the west at the first opportunity, where he held greater chances existed for independent commands, and consequently for gaining distinction.
Broom wrote Mitchell, of Hancock’s staff, a line notifying him of the general’s death, and asking for passes, so that we could take the body home, which were immediately sent to us. Early the following morning, July 4th, we secured some ice, packed the remains in a rude box, and sent them over to the railway station in an ambulance.