Confederate Prison and Union Cemetery at Montgomery, Alabama

Confederate Prison and Union Cemetery at Montgomery

In Volume 25 (1963) of the Alabama Historical Quarterly, an article by Farl Antrim of Nampa, Idaho, states that Captain J. J. Greer of General Buckland's Staff, captured April 7, 1862, at the Battle of Shiloh, in his book printed in 1864, Behind the Lines, or a Yankee Loose in Dixie, gives this information about the Confederate prison camp at Montgomery:

"Here we were placed in the penitentiary overnight until arrangements could be made for our accommodations in the military prison, a description of which I will attempt. The side walls were of brick, twenty inches in thickness and thirteen feet high. The ends were closed by massive iron clad wooden gates extending the whole width of the prison. The room was about two hundred feet long and forty in width. It was used formerly as a cotton depot. There was on either side a narrow shed roof sloping inward extending two thirds of the entire length of the building. Beneath this shelter were six hundred and fifty prisoners. We often suffered for water in this cotton shed prison. Some of our boys resolved to dig a well within the walls. In digging, they came to a stratum of potter's clay, by which after the well was completed, they passed many a leisure hour in manufacturing little wares, such as pipes, rings, cups, etc, all of which found a ready sale among the Rebels and commanded a fair price in Confederate shin plasters. [The term "shin plaster" means paper money with no backing or of dubious value, Ed.] Our rations consisted of a bit of spoiled beef not larger than your two fingers, a small slice of coarse cornbread without salt, and this only twice a day."

Peter Brannon, [then] Director of Archives and History of the State of Alabama adds this note: "From Capt. Greer's description of the warehouse, it seems safe to assume that it was one of the pre-war buildings that belonged to either Gilmer & Co. or to John Murphy. Both of these establishments were situated between Tallapoosa Street and the Alabama River. Also, the Minutes of the City Council of Montgomery reveal nothing directly relating to the prison, however in the spring of 1862, Gov. Shorter requested the municipal authorities to bear the expense of removing cotton stored in the heart of town should it become necessary to burn the cotton. The alarm was no doubt due to the recent raid into the Tennessee Valley. One of the warehouses so emptied might have been used as the prison."

Daniel S. Troy was commissioned Captain of Company A, 1st Battalion, Hilliard's Legion, in Montgomery, March, 1862. Captain Troy was commander of the prison in May, 1862. Corporal Henry Wirz was supervisor of the guards late in 1862 before being removed to Tuscaloosa, Alabama, and, later commander within the stockade at Andersonville.

The Official War Record states that the prison was closed on Dec. 14,1862, and also states that prisoners from Montgomery and Pensacola, under Gen. Bragg, arrived in Tuscaloosa on Dec. 14, 1862. The prison at Montgomery was in operation about eight months, from the middle of april to Dec. 14, 1862. The Official War Records of the Union and Confederate Armies state that the Montgomery prisoners were destitute of clothing and the hospital was denied medicines. The War Department Records, Commissary General of Prisoners lists one hundred and ninety eight Union prisoners buried at Montgomery.

In fact, so many Federal Army prisoners died during the eight months that the prison was in Montgomery, and at other similar places, and were placed in temporary graves, that it became necessary to find a cemetery. The City of Montgomery donated a parcel of land in Oakwood Cemetery for the burial of Federal soldiers. The Federals began bringing in the remains of soldiers who had died in other locations, until the cemetery was filled to capacity (about 1,200).

Inspection Report, April 18, 1867
In a Federal document titled "Report of an Inspection Made of Cemetery Operations at Montgomery, Alabama by Brevet Major C. W. Folsom, A.Q.M., on the 18th of April, 1867," Major Folsom states as follows:

I Situation of Cemetery: It forms the N.W. corner of the City Cemetery, which is situated at the N.E. corner of the City of Montgomery, just east of Ripley Street and south of the Montgomery and Eufaula Railroad.

II Extent: It contains about 1 1/4 acres within the present enclosure, which was donated by the City; they have also given an additional lot of about 5/12 of an acre, not yet enclosed.
III Number of interments:
1. Already made..............................811
2. Proposed hereafter........................400
3. Total No. when finished...................1,211
Few bodies have been brought here for some weeks, probably owing to the heavy rains and freshets. (The disintening is done entirely by officers at a distance.) No other work appears to have been done, except weeding the graves a little, for some time. 36 bodies were reinterred in April; three days work, 42 in March. See report of Lt. Tull, in charge, marked "D."

Description of the cemetery: The cemetery is situated immediately adjoining the city cemetery which is extensive and tasteful. The shape and size will appear from the enclosed sketch, marked "A," its position in the city cemetery from that marked "B."

The present lot is 110 feet wide by an average length of 485 feet. The addition is to be 68 feet wide, by an average length of 272 feet. The water runs into it and over it from south to north for nearly the whole extent,washing the soil badly, which is light and loose loam.

The course of the little runs which the water forms when it rains are shown on sketch "A" in blue pencil. The general slope of the ground is shown by lines of red ink; the drains proposed to be cut (to carry off the water), in red pencil. The graves are arranged in rows both ways, with two feet clear space between the graves in both directions. The bodies lie east and west. There are seven rows of graves nearly the whole length of the enclosure from north to south, and a vacant space 30 feet wide along the whole front or west side; also on the north end.

There are no roads, avenues, or paths constructed; only the vacant space left for them. The graves have mounds of good size to them, not sodded. They all have good headboards, lettered, of regulation pattern. There are six marble headstones. 400 or 500 new painted headboards are on hand.

The present lot is surrounded with a good picket fence with cap. It needs whitewashing. There are 5 gates as shown on plan "A"; 3 single into the city cemetery, not locked; 2 double, into the street, with locks. The large gates are rather poor; not strong enough to stand erect.

Over the main gate, at the S.W. comer, is a neat wooden arch with the verse beginning "On fame's eternal carnping ground" in neat black letters.
There are 6 or 7 young trees. There is no grass whatever. Only weeds grow on it naturally, and they have been kept down. The original arrangement of the whole, which is tolerably well designed, does credit to Capt. Geo. F. Browning, V.R.C., formerly A.A.Q.M., now acting for the Freedmen's Bureau.
There is a record in the office of the post quartermaster, but it is incomplete; all the interments have not been entered yet by some 200, and the original place of interment is not given.
About 400 of the bodies were originally buried here. Of the remaining 400, there were about 150 brought from Selma, Ala.
about 160 brought from Cahawba
about 40 brought from Demopolis
about 27 brought from other places
for a total of 400 (See enclosed statement of Lieut. Tull, Post Quartermaster, marked "C.")

The bodies are disinterred entirely under the direction of Capt. J. C. Grierson, A.Q.M. of Mobile; by men working under an agent of his, Mr. C. H. Cooke. The tools used are now kept in a tent; many are lost; a small tool house is asked for and is needed.

Arrangement of the employees, manner in which the work is being done, etc: The cemetery is under the charge of Lieut. J. T. Tull, 33rd U.S. Infantry, A.A.Q.M. of post, who employs a superintendent, Jas. E. Marshall (formerly Sergt. 35th Iowa Volunteers) at $100 per month; and an assistant superintendent, Isaac Knaws (formerly of 8th Iowa Volunteers), at $50 per month. Also 4 colored laborers at $25 a month each (no ration).

The superintendent's duties, so far as the cemetery is concerned, are nominal; he appears to be a clerk; what work is done at the cemetery is done by the assistant supt. Lieut. Tull also employs 3 clerks and 10 mechanics, teamsters, and laborers who are represented as not connected with cemeterial matters. He has two farm mule wagons and two ambulances, all of which are stated to be busy at the post, and not to be spared for cemeterial uses.

The employees have not been paid for 3 1/2 months; no funds having been received by Lieut. Tull for the expenditures since Dec. 31, 1866. This may help to account for the little work performed. His outstanding indebtedness on April 1st was $6,083.50. Estimated for April, $1,543.50.

Recommendations:
I would respectfully recommend:

1. That Lieut. Tull be instructed to discharge either his superintendent or his assistant superintendent, as one good overseer is enough for a gang of four laborers. He should employ none but an active, energetic man who shall be on the ground.
2. That he be instructed to cause his force of clerks to put the records of the cemetery in full and perfect condition; they should be brought up to date, should show all the particulars required by general orders (including the place whence brought), should have an alphabetical index of names, and should be open to the inspection of friends of the dead or other visitors.
3. That inasmuch as Lieut. Tull has nothing whatever to do with bringing the bodies to Montgomery, and cannot tell when to expect bodies and therefore must keep his force of laborers on hand, that he be instructed to use them vigorously, when not at work on interments, in grading, draining, and decorating the cemetery with trees, and in making paths.
4. That he be instructed to forward a monthly report to the Quartermaster General, of his operations, as described in my letter of the 17th inst.
5. That he be instructed to move the fence along the line H-G (as shown on the plan) out to K-L; and to purchase lumber enough to complete the sides H-K and G-L, as his workmen can do most of the labor of setting it up.
6. That he be instructed to put the gates in thorough good order; and to give the whole fence a good coat of whitewash (improved receipt for outdoor whitewash to be procured from Ordnance Manual or elsewhere as forwarded to him). See his enclosed report of work to be done, marked "E."
7. That he be instructed to grade a good pathway say 10 feet wide, around the whole area of the graves, and between them in the spaces now left for the purpose with gutters at the sides of the pathway. This road to be graveled or covered with stones, shells, cinders, or some dry material, if practicable at a moderate expense. Gravel can probably be got at the river bank, 3/4 or I mile away.
8. That he be instructed to have good ditches dug outside of the fence along the lines D-E and D-G and G-M to keep the water out of the cemetery, Also from G to F, N to H, M to I and wherever necessary within the cemetery to conduct the water outside by shorter channels and thus prevent washing. A moderate amount of brick or stone may be used about some of these ditches and about the gutters of the roadway.
9. As this cemetery forms part of a city cemetery and was donated by the city to the U.S., a flagstaff or flag would be inappropriate. I therefore recommend that none be erected.
10. 1 would recommend that Lt. Tull be instructed to draw, on proper requisition, such amount of grass seed as may be needed to grass the graves and the whole of the space not occupied by the paths. That he also be instructed to procure flowers and trees, which can easily be done by gift, and have them set out, either by his hired men or by details from the troops.
11. That he be instructed to procure a deed for the addition from the Mayor of the City, as soon as practicable, and to forward it with a correct plan of the whole to the Quartermaster General, retaining copies of the same.
12. That hereafter he be furnished with funds for the payment of his men in the month when due. They will work better if paid punctually.
13. That he be permitted to erect a small toolhouse at the lower end of the cemetery, if necessary.
In Conclusion: This is a very prettily situated small cemetery, well designed. It needs only a little zeal on the part of the officer stationed there to make it an ornament to the city in keeping with the city cemetery alongside. Lieut. Tull is smart enough to do this. He only needs to be sufficiently stimulated to exert himself in the matter, and he can do it well.

It would be well to call the attention of the commanding general and of the post commander to the desirableness of their cooperating by detailed labor or otherwise in the ornamentation of the grounds.

Upon receipt of this report, General Saxton, chief quartermaster in Atlanta, immediately, on May 13, 1867, fired off a letter to Lieut. S. L. Tull, in charge of the cemetery at Montgomery, instructing him almost word for word to carry out the suggestions as outlined in the report he (Saxton) had received from Maj. Folsom. Lt. Tull seems to have been derelict in his duties.

A portion of a letter follows: Neither the date (except for 1867) nor the signature is visible. However, it appears that Lieut. Tull is getting into deep trouble.

Gen. Saxton
Acknwl. [acknowledge] rect. [receipt] of letter enclosing copy report stating so and so about Tull.

You are requested to inform yourself by sending an agent or otherwise to Montgomery if the instructions of your letter of May 13 have been carried out, and if not, you are desired to report whether or not charges should be preferred against Lt. Tull for neglect of duty or disobedience of orders, together with such remedy as you may deem fit.

Apparently Lieutenant Tull, after failing to carry out the very detailed instructions in the letter to him from Gen. Saxton, was relieved of his duties. General Saxton, no doubt in reply to sharp criticism, now writes General Rucker, Quartermaster General in Washington:

Headquarters, Third Military District
Chief Quartermaster's office
Atlanta, Georgia
November 2nd, 1867
Bvt. Maj. Gen'l D. H. Rucker
Acting Qr.Mr. Gen'l. U.S. Army
Washington, D.C.
General,
I have the honor to forward a copy of instructions which I issued to Lt. S. L. Tull, 33 Inf. & Act. Q.M. on the 13th May, 1867, in accordance with your approval of the recommendations of Bvt. Col. C. W. Folsom, A.Q.M. dated April 18, 1867, referred to in your letter of the 26th. I have not as yet found time to inspect the Post of Montgomery, owing to the entire occupation of my time. I desire to call your attention to the fact that my instructions to Lieut. Tull are clear and full, and if the condition of the cemetery is as stated in the report of Supt. Andrew J. Kendall, it is owing to the disobedience of orders and neglect of duty of Lieut. S. L. Tull, 33rd N.Y. Infantry and A.A.Q.M. at Montgomery, Ala. in failing to carry out my instructions and in failing to communicate them to his successor when he was relieved.
I am, General,
Very Respectfully Yr. obd't svt.
R. Saxton
Bvt. Brig. Genl. Q.M. U.S.A.
and Chief Q.M. of Mil. Dist.

When the Federal Government decided early in 1868 to move the remains of all Union soldiers at Montgomery to a National cemetery in Marietta, Georgia, it appears that Lt. Ballantine, who had replaced Lt. Tull and who was in charge here at that time, was not notified of the proposed move until the contracted movers appeared on the scene. He sought confirmation of the removal of the bodies by means of the following letter to General Saxton:

Office A.A.Q.M.
Montgomery, Alabama February 6th, 1868
Bvt. Brig. Genl. R. Saxton
Chief Q.M. 3rd Mil. Dist.
Atlanta, Ga.
General,
I have the honor to report that proceedings are now on foot here looking to the removal of the National Cemetery to, as I understand, Marietta, Ga. by some parties to me unknown. Never having received any official notice that such removal is authorized, I would respectfully ask whether it's being done by your authority. I Am, Genl, Very Respectfully
your obdt servant,
Grover Ballantine
1st Lt. 15th Infantry& A.A.Q.M.

Lt. Ballantine must have been reassured that the removal of the bodies was authorized, since he allowed it and wrote the following letter:

Montgomery, Alabama
Feb. 19th, 1868
Brig. Genl. R. Saxton
Chief Q.M., 3rd. Mil. District
General,
I have the honor to state that I have examined Mr. Wilson's instructions relative to the removal of the cemetery at this place and to say that he has complied with his agreement in every respect. The work here has ben done as per contract and with all possible dispatch.
Very Respectfully
Your obdt. Servant
GroverBallantine
First Lieutenant & A.A.Q.M.

Request for Release of Land
About ten years after the removal of the bodies, Representative Hillary A. Herbert of the Second District of Alabama, wrote George McCrary, Secretary of War, on February 6,1878, concerning release of the cemetery land to the City of Montgomery:

House of Representatives
Washington, D.C. Feb'y 6,1878
Hon. Geo. W. McCrary
Secy of War
Dear Sir:
I have the honor to enclose a letter and two accompanying papers from Maj. Henry C. Semple, one of the Aldermen of the city of Montgomery, Ala. The statements made by him may be implicitly relied on, as the city gave the ground voluntarily for a specific purpose and the U.S. Government no longer needs the lands and the city, as I know, does. I think there will probably be no objection to a release by the Gov't to the city. I do not know what is the practice in such cases and beg to refer the matter to you. Should an Act of Congress be deemed necessary will you please endorse on the papers sent the facts as showing in your Dep't that I may use your endorsement before a committee. Will you please also have the papers returned to me. I have the honor to be very respectfully
Your ob't svt.
H. A. Herbert
Rep. 2 Dist. Ala.

On February 19, 1878, representative Herbert received this letter from Secretary McCrary:

February 19, '78
Hon. H. A. Herbert
House of Representatives
Sir:
Acknowledging the receipt of your letter on the 6th instant, in relation to certain land lying within the Cemetery at Montgomery, Alabama, and requesting that if said land is no longer needed by the Government it may be deeded back to the City of Montgomery, I have the honor to inform you that the matter has been referred to the Quartermaster General who reports as follows:

The lot within referred to was conveyed to the United States by the City of Montgomery by deed dated July 14, 1866. The consideration was $1.00 and a stipulation was made in the transfer that the land should be used for the burial of United States soldiers and no other purpose whatever. Subsequently the remains interred in this lot were removed to the National Cemetery at Marietta, Georgia, and the Government has no further use for the property. The title to it, however, cannot be relinquished except by an act of Congress. The accompanying papers to your letter are herewith returned.
VeryRespectfully,
Your Obedient Servant,
Geo. W. McCrary
Secretary of War
Whereupon Representative Hillary Herbert promptly replied as follows:

Feb.20,1878
Hon. Geo. M. McCrary
Sec'y of War
Dear Sir,
I have the honor to acknowledge receipt of yours of yesterday relating to cemetery lot in Montgomery, Ala., & to thank you for same.
I am very respectfully
Your obd't s'vt.
H. A. Herbert
Rep 2 Dist. Ala.

The Land is Returned
Rep. Herbert must have done whatever was necessary, as the land comprising the Union Cemetery in Montgomery was retumed to the city in January, 1879, by Act of Congress, as follows: "An Act releasing title to a certain cemetery lot in the city of Montgomery, Alabama. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that wherein by deed dated July fourteenth, eighteen hundred and sixty-six, the city of Montgomery, Alabama, voluntarily granted to the United States a certain lot of land in the cemetery of the said city of Montgomery, to be used for the burial of United States soldiers, and for no other purpose; and whereas the United States, having moved the bodies of soldiers buried therein to Atlanta, have no longer need for the same; and whereas the said lot of land is now needed by the city of Montgomery, Alabama, for burial purposes; now, therefore, all right, title, and interest of the United States in and to said cemetery lot is hereby released and forever quitclaimed to the said city of Montgomery."

NOTES:
We have learned from John Napier that the abbreviation "A.A.Q.M" meant "Acting Adjutant and Quartermaster," and that "Bvt." meant "Brivet," an honorary rank awarded officers for meritirious service before medals and other decorations came into use. The text of the letters contained herein is taken from copies of the original letters in the National Archives.

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