5th Texas Artilery at Shiloh

(inset of Marshall T. Polk)In my novel, I placed a central character in the fictitious unit, the 5th Texas Artillery. Early on in my research I looked for units who participated in key points in the battle. As far as I can determine, the 5th Texas did not participate at Shiloh. In my story, the 5th Texas was amalgamated with a Tennessee battery under Captain Marshall T. Polk, a west point graduate of the class of 1852 and given the task of whipping the Texas volunteers into shape, drawing upon his regular army experience. Though Polk figures only as a minor character in the story, it does allow for delving into a uniquely Confederate habit of referring to its artilery batteries.

Though most state raised units were given a designation based upon the order by which they were raised, the state affiliations of Confederate artillery units are extremely hard to track even in the official records as they are almost always referred to by their commanding officer at the time. So, the Tennesseans who made up "Polk's Battery" are traceable in the records from the time they were raised until the battle of Shiloh, then it becomes harder as Captain Polk, who lost a leg at Shiloh, drops from the record until showing up on a command roster dated May 20th, 1863 as a Lt. Col. in charge of Leonidas Polk's Artillery Corps. What became of his battery is absent from the record, although from the roster there are two Tennessee Artillery units Scott's and Carne's batteries. From the following link, I learned what did become of "Polk's Battery".
http://www.tngenweb.org/civilwar/csaart/polk.html

Although, from other records and reports it is not stated that Capt. Polk was ever captured, he did lose his leg and the battery was disbanded with many of its men being consolidated with Carne's battery after the battle of Shiloh and back in Corinth, Mississippi.

25th Missouri before and after Shiloh

In my soon to be printed novel, They Met at Shiloh, I chose to relate the experiences of the 25thMissouri Volunteers through the eyes of fictional characters who shared a mess. The original 13th Missouri was composed of mostly ethnic Germans and recruiting for the new 25th also included a large Germanic contingent. Studying the history of the 13th/25th revealed a good deal about the practices of paroling prisoners and the consequences of taking an oath to never raise arms against the opposition.

As was stated in the previous post, there were legality questions regarding the agreement entered into by Fremont and Price and the War Department's GO no.29 compelling those who had not been paroled to rejoin their units along with those who had been duly exchanged, officers listed in the following dispatch:

Whereas, Maj. Gen. John C. Frémont, commanding the U.S. forces in Missouri, by letter dated Warsaw, October 21, 1861, authorized Quin Morton, esq., to confer with Maj. Gen. Sterling Price, commanding the Missouri State Guard, in reference to exchange of prisoners; and whereas, General Price has agreed with said Morton upon terms of such exchange as follows, to wit:
First. The exchange shall be effected grade for grade, or two officers of a lower grade as an equivalent in rank for one of a higher grade; the exchange to embrace prisoners on parole as also those held in custody.
Second. The parties released both officers and privates shall be furnished with a certificate of release and of safe conduct to the headquarters of their respective armies or of their division, the officers with their usual side-arms, camp equipage and property and the privates with their personal property.
Third. The prisoners taken by the U.S. forces at Camp Jackson in Saint Louis County on the 10th day of May, 1861, are embraced in this exchange with the express understanding that General Price reiterates the protest(*) of the officers and men then made against the legality of their capture and the exaction of parole when released.
Fourth. Brig. Gen. Samuel R. Curtis or the officer commanding at Benton Barracks in Saint Louis County is hereby authorized and required to issue the certificates above referred to to the officers and privates of the State forces herein named and also to such other officers and non-commissioned officers and privates taken prisoners at Camp Jackson to the number of 530 as may be named to him by Col. David H. Armstrong, Col. Samuel B. Churchill, Col. J. Richard Barrett and D. Robert Barclay, esq., or either of them, and the said Col. David H. Armstrong, Col. Samuel B. Churchill, Col. J. Richard Barrett and D. Robert Barclay, esq., or either of them are hereby authorized and required to issue such certificates to the U.S. officers and privates herein named and also to such other officers, non-commissioned officers and privates taken prisoners at Lexington, Mo., to the number of 530 as may be named to them or either of them by Quin Morton, esq., or such other person as may be named in his place or stead by the commanding officer at Benton Barracks aforesaid.
Fifth. The persons herein named for exchange not connected with the military shall be furnished as hereinbefore provided with certificates of safe conduct to their respective homes:
Now therefore in pursuance of the foregoing stipulations it is hereby agreed by and between Quin Morton, esq., acting for and in behalf of Maj. Gen. John C. Frémont and Maj. Gen. Sterling Price that exchanges be made as follows, to wit:
Brig. Gen. Daniel M. Frost, First Military District, Missouri Volunteer Militia, for Col. 'James A. Mulligan, of the Twenty-third Illinois Volunteers, acting at Lexington as brigadier-general.
Col. John S. Bowen, Second Regiment Missouri Volunteer Militia, for Col. Everett Peabody, Thirteenth Regiment Missouri Volunteers.
Maj. R. S. Voorhis, judge-advocate and assistant adjutant-general, First Brigade, Missouri Volunteer Militia, First Military District, for Maj. Charles E. Moore, Twenty-third Illinois Regiment.
Maj. Henry W. Williams, quartermaster, First Brigade, First Military District, Missouri Volunteer Militia, for Maj. Robert T. Van Horn, Kansas City Battalion.
Maj. N. Wall, commissary, First Brigade, First Military District, Missouri Volunteer Militia, and Capt. William C. Buchanan, adjutant, First Regiment, First Military District, Missouri Volunteer Militia, for Lieut. Col. James Quirk, Twenty-third Illinois Regiment.
Maj. John J. Anderson, paymaster, First Brigade, First Military District, Missouri Volunteer Militia, and Maj. James R. Shaler, Second Regiment, First Military District, Missouri Volunteer Militia, for Col. Robert White, Fourteenth Regiment Missouri Volunteers.
Maj. Clark Kennerly, Southwest Battalion Missouri Volunteer Militia, for Capt. M. Gleason, and Capt. Robert Adams, of Twenty-third Illinois Regiment.
Capt. Alex. J.P. Garesché, judge-advocate, First Regiment Missouri Volunteer Militia, for Capt. S. A. Simison, Company D, Twenty-third Illinois Regiment.
Capt. Martin Burke, Company A, First Regiment Missouri Volunteer Militia, for Capt. D. P. Moriarty, Company F, Twenty-third Illinois Regiment.
Capt. Philip Coyne, Company D, First Regiment Missouri Volunteer Militia, for Capt. Charles Coffey, Company H, Twenty-third Illinois Regiment.
Capt. William H. Frazier, Company F, First Regiment Missouri Volunteer Militia, for Capt. James J. Fitzgerald, Company I, Twenty-third Illinois Regiment.
Capt. George W. Wert, Company G, First Regiment Missouri Volunteer Militia, for Capt. Daniel Quirk, Company K, Twenty-third Illinois Regiment.
Capt. George W. Thatcher, Company H, First Regiment Missouri Volunteer Militia, for Capt. F. C. Nichols, Company A, Thirteenth Missouri Regiment.
Capt. B. Newton Hart, Company I, First Regiment Missouri Volunteer Militia, for Capt. Joseph Schmitz, Company B, Thirteenth Missouri Regiment.
Capt. Charles Longueman, Company K, Missouri Volunteer Militia, for Capt. J. W. Robinson, Company C, Thirteenth Missouri Regiment.
Capt. Arthur J. Magenis, quartermaster, Second Regiment Missouri Volunteer Militia, for Capt. E. C. Thomas, Company D, Thirteenth Missouri Regiment.
Capt. William B. Hazeltine, Engineer Corps, Missouri Volunteer Militia, for Capt. S.S. Eveans, Company E, Thirteenth Missouri Regiment.
Capt. Hugh A. Garland, Company F, Missouri Volunteer Militia, Second Regiment, for Capt. George B. Hoge, Company F, Thirteenth Missouri Regiment.
Capt. J. T. Shackleford, Company H, Second Regiment Missouri Volunteer Militia, for Capt. H. Dill, Company H, Thirteenth Missouri Regiment.
Capt. James George, Company --, Second Regiment Missouri Volunteer Militia., for Capt. G. H. Rumbaugh, Company C, of cavalry attached to Thirteenth Missouri Regiment.
Capt. Overton W. Barret, Company B, Missouri Volunteer Militia, Second Regiment, for Capt. Richard Ridgell, Company [D], Fourteenth Missouri Regiment.
Capt. Radford, of Radford's battery, for Capt. G. M. Mitchell, First Illinois Cavalry.
First Lieut. E. F. Byrne, Company D, First Regiment Missouri Volunteer Militia, for First Lieut. James F. Cosgrove, adjutant, Twenty-third Illinois.
First Lieut. Stephen McBride, Company F, First Regiment Missouri Volunteer Militia, for First Lieut. L. Collins, Company F, Twenty-third Illinois.
First Lieut. John M. Hennessey, Company H, First Regiment Missouri Volunteer Militia, for First Lieut. T. Hickey, Company H, Twenty-third Illinois Regiment.
First Lieut. Thomas Keith, Company I, First Regiment Missouri Volunteer Militia, for First Lieut. James H. Lane, Company K, Twenty-third Illinois Regiment.
First Lieut. Louis T. Kretschmar, Company K, First Regiment Missouri Volunteer Militia, for First Lieut. John H. Millar, Company D, Kansas City Battalion.
First Lieut. William H. Finny, Engineer Corps. Second Regiment Missouri Volunteer Militia, for First Lieut. C. A. Wade, Company C, Thirteenth Missouri Regiment.
First Lieut. R. B. Clark, Company H, Second Regiment Missouri Volunteer Militia, for First Lieut. W. H. P. Norris, Company D, Thirteenth Missouri Regiment.
First Lieut. J. M. Douglas, Company C, Second Regiment Missouri Volunteer Militia, and First Lieut. John Vaughan, of Colonel Elliott's Missouri State Guard, for Capt. F. L. Parker, Company K, of Colonel Eads' regiment.
First Lieut. R. H. Harrington, Company E, Second Regiment Missouri Volunteer Militia, for First Lieut. W. Perkins, Company E, Thirteenth Missouri Regiment.
First Lieut. P. R. Hutchinson, Company G, Second Regiment Missouri Volunteer Militia, for First Lieut. S. M. Penfield, Company H, Thirteenth Missouri Regiment.
First Lieut. J. S. Burdett, Company H, Second Regiment Missouri Volunteer Militia, for First Lieut. O. P. Newberry, Company I, Thirteenth Missouri Regiment.
First Lieut. David Walker, Company I, Second Regiment Missouri Volunteer Militia, for First Lieut. Fred. Klingler, Company C, Kansas City Battalion.
First Lieutenant Miller, Radford's battery, for First Lieut. William S. Marshall, First Illinois Cavalry.
First Lieut. Henry Guibor, Missouri Light Battery, for First Lieut. I. Skillman, First Illinois Cavalry.
Second Lieut. Henry B. Belt, Company A, First Regiment Missouri Volunteer Militia, for Second Lieut. Edward S. Murray, Company B, Twenty-third Illinois Regiment.
Second Lieut. John Henderson, Company F, First Regiment Missouri Volunteer Militia, for Second Lieut. E. P. Trego, Company--, Fourteenth Missouri Volunteers.
Second Lieut. William M. Mooney, Company H, First Regiment Missouri Volunteer Militia, for Second Lieut. Thomas Hogen, Company [D], Fourteenth Missouri.
Second Lieut. Robert Finney, Company I, First Regiment Missouri Volunteer Militia, for Second Lieut. P. J. McDermott, Company A, Twenty-third Illinois.
Second Lieut. A. W. Hopton, Company K, First Regiment Missouri Volunteer Militia, for Second Lieut. P. O'Kane, Company F, Twenty-third Illinois.
Second Lieut. Charles Perrine, Engineer Corps, Second Regiment Missouri Volunteer Militia, for Second Lieutenant Wallace, Company G, Twenty-third Illinois.
Second Lieut. A. C. Howard, Company C, Second Regiment Missouri Volunteer Militia, for Second Lieut. J. B. Hawley, Company F, Thirteenth Missouri.
Second Lieut. Henry Jenkins, Company D, Second Regiment Missouri Volunteer Militia, for Second Lieut. Owen Cunningham, Company K, Twenty-third Illinois.
Second Lieut. Alton Long, jr., Company E, Second Regiment Missouri Volunteer Militia., for Second Lieut. James E. Hudson, Company D, Twenty-third Illinois.
Second Lieut. Joseph Dean, Company H, Second Regiment Missouri Volunteer Militia, for Second Lieut. D. C. S. Kelley, Company G, Twenty-third Illinois.
Second Lieut. -- Morton, Radford's battery, Missouri Volunteer Militia, for Second Lieut. C. W. Graff, Company--, Thirteenth Missouri.
Second Lieut. W. P. Barlow, Missouri Light Battery, for Second Lieut. H. Fette, Fourteenth Missouri.
Second Lieut. Ed. Blennerhassett, Company B, Second Regiment Missouri Volunteer Militia, for Second Lieut. P. Higgins, Company C, Twenty-third Illinois.
Third Lieut. James Shields, Company D, First Regiment Missouri Volunteer Militia, for Lieut. Edwin Moore, Company C, Sixteenth Missouri.
Third Lieut. John Bullock, Company H, First Regiment Missouri Volunteer Militia, for Lieut. George F. Tannant, Company [A], First Illinois Cavalry.
Third Lieut. J. J. Ledue, First Regiment Missouri Volunteer Militia, for Lieut. William A. Murray, First Illinois Cavalry.
Third Lieut. John M. Gilkerson, Engineer Corps, Second Regiment Missouri Volunteer Militia, for Lieut. Albert Rayburn, First Illinois Cavalry.
Third Lieut. J.V. Smith, Company C, Second Regiment Missouri Volunteer Militia, for Lieut. Morgan Blair, First Illinois Cavalry.
Third Lieut. R. M. Duffy, Company D, Second Regiment Missouri Volunteer Militia, for Lieut. James B. Dent, First Illinois Cavalry.
Third Lieut. W. C. Potter, Company F, Second Regiment Missouri Volunteer Militia, for Lieut. John C. Parks, First Illinois Cavalry.
Third Lieut. Andrew J. Hum, Company G, Second Regiment Missouri Volunteer Militia, for Lieut. S. L. M. Proctor, First Illinois Cavairy.
Third Lieut. D. F. Samuel, Company H, Second Regiment Missouri Volunteer Militia, for Lieut. Casper Yost, First Illinois Cavalry.
Third Lieut. Charles E. Southard, Company I, Second Regiment Missouri Volunteer Militia, for Lieut. P. S. Whitaker, attached to Twenty-third Illinois.
Third Lieutenant Ryan, Radford's battery, Missouri Volunteer Militia, for Lieut. Neal Bohanan, Fourteenth Missouri.
Third Lieut. ---- McGill, of S. W. Battalion, for Lieut. Charles Rippin, Company E, Fourteenth Missouri.
Private Henry N. Rosser, for Stuart S. Allen, Company K, Twenty-third Illinois.
Private Michael McCarty, for John Gilman, Company C, Twentythird Illinois.
Orderly Sergt. W. A. Davison, Radford's battery, for P. McGinnis, Company I, Twenty-third Illinois.
Sergeant Murphy, of Radford's battery, for S. H. Tourtellotte, Company D, Twenty-third Illinois.
Sergeant Fox, of Radford's battery, for Louis Yates, Company E, Twenty-third Illinois.
Sergeant Ryan, of Radford's battery, for James Quinn, Company A, Twenty-third Illinois.
Capt. Samuel Whiting, of Missouri State Guard, and Capt. William F. Bond, of Missouri State Guard, Adair County, for Lieut. Col. H. M. Day, First Illinois Cavalry.
Capt. H. A. Parmalee, taken at Camp Jackson, for Capt. Henry Erode, Company E, Fourteenth Missouri.
Capt. J. Thomas Whitfield, arrested in Jackson County, for Capt. John McNulta, First Illinois Cavalry.
Captain Caldwell, arrested in Lewis County, for Capt. W. Applegate, Grover's command.
The names of the privates to be exchanged are to be furnished without delay at Saint Louis; those taken at Camp Jackson to Brigadier-General Curtis or the commanding officer at Benton Barracks, and those taken at Lexington to Col. D. H. Armstrong or some other of his associates named in this agreement and the certificates hereinbefore referred to are to be issued according to the lists so furnished without delay.
Should the names of any of the officers or non-commissioned officers taken at Camp Jackson be omitted in the foregoing list and Col. D. H. Armstrong or either of his associates desire their exchange Brigadier-General Curtis or the officer commanding at Benton Barracks will on application make such exchange for any officer or non-commissioned officer captured by the State forces according to rank as hereinbefore stipulated.
This done and agreed to at Neosho, Mo., this 26th day of October, 1861.
QUIN MORTON,
Acting in behalf of and by authority of
Maj. Gen. J. C. Frémont, Commanding U. S. Forces.
STERLING PRICE,
Major-General, Commanding Missouri State Guard.

This "exchange" of prisoners acted upon by Mjr General Fremont was not the first time his actions drew the War Department's ire. Previously, Fremont had also declared that all slaves within the department of the West were to be considered contraband and emancipated. This negotiation between a member of a defunct organization (Missouri Home Guard) and without official Confederate sanction to exchange members of the MHG who were in violation of marshal law for prisoners captured in line of duty rankled many. Price's interest in these MHG members was clear, to continue to build his own forces for the reclaiming of Missouri from Federal control. Fremont, no doubt, saw it as a means to recover his tarnished image of which this stunt only hastened his removal from command.

From the following two dispatches, we learn a little more about the predicament of the men of the old 13th Missouri:

Major-General HALLECK:
It has been reported at this office that certain men in the Thirteenth Missouri Volunteers who were taken prisoners at Lexington and released on parole have been forced into the Twenty-fifth Missouri Volunteers. Some of these men were taken prisoners at Shiloh and bayoneted on the spot; others are said to be liable to similar treatment. Please investigate this matter. Have the paroled men relieved from duty and furloughed until discharged. Call upon their officers for reports.
By order of the Secretary of War:
L. THOMAS,
Adjutant-General.
-----
HDQRS. TWENTY-FIFTH REGIMENT MISSOURI VOLUNTEERS,
In Camp near Corinth, July 18, 1862.
ASSISTANT ADJUTANT-GENERAL,
Headquarters Department of the Mississippi, Corinth.
SIR: I have the honor to transmit a list(*) herewith of the non-com-missioned officers and privates of the Twenty-fifth Regiment Missouri Volunteers who were taken prisoners at Lexington with remarks set against their names to show how they stand in regard to exchanges. I have recommended the discharge of some inasmuch as I find they did not intend to re-enter the service after being disbanded by order of General Frémont but felt themselves compelled to do so under the orders of the War Department and of Colonel Peabody. These orders it is understood are considered illegal by the department headquarters and the men are supposed to be entitled to their discharges. It will promote the efficiency of the regiment if the subjects of exchange and discharges can be soon passed upon.
I am, sir, very respectfully, your obedient servant,
CHESTER HARDING, JR.,
Colonel, Commanding Twenty-fifth Missouri Volunteers.

In a later communication (reference beginning of previous post), Col. Harding spells out the circumstances his men dealt with prior to Shiloh and after:

...Many of the men came back for no other reason than that they supposed these orders could and would be enforced against them. In a few instances men were taken from home by actual force and compelled to serve. Of both these classes there were those who had been and those who had not been exchanged. The ranks of the regiment were filled by recruiting and every company had more or less new recruits who then enlisted for the first time as well as more or less of the old regiment. At the battle of Shiloh (as was reported among and believed by the men)some of our wounded were recognized by the enemy as having been paroled and were bayoneted on the spot. This report the officers believe to be untrue but it has created uneasiness in the ranks. Some of the later addressed a memorial to General Halleck upon the subject and also brought the matter before the War Department. I transmit herewith an official copy of a letter of instructions from the Adjutant-General to General Halleck to which I respectfully refer.(*) I also inclose lists(+) as follows: first, names of paroled prisoners unexchanged who claim discharges; second, names of noncommissioned officers and privates who were mustered out, released from parole and afterward unwillingly rejoined in consequence of force or of the orders above referred to and who now claim discharges; third, names of paroled prisoners unexchanged who desire to be exchanged and to continue in service; fourth, names of others who have their exchanges and rejoined voluntarily. These desire a recognition of the validity of the certificates given to the Lexington prisoners--one(++) is inclosed; all the rest are similar to it. I respectfully ask early action in the premises. Discussion of these topics among the men cannot but lower the morale of the regiment, and although no instances of insubordination have as yet occurred I feel that the present condition of things cannot long continue.
I am, sir, very respectfully, your obedient servant,
CHESTER HARDING, JR.,
Colonel Twenty-fifth Missouri Volunteers.

One often reads of green troops in battle and their inexperience in combat to explain the reasons for their breaking under pressure as the 25th Missouri did. Yet, despite the unit's rocky history they stood up to enormous pressure in the early morning hours of April 6th when obviously outnumbered and finally broke after the whole of Prentiss' line was flanked at their camps. Though the reports of men being bayoneted was false as stated by Col. Harding, it is clear that many of its men were under compulsion.

Saga of the 13th Missouri Vols

HDQRS. TWENTY-FIFTH REGIMENT MISSOURI VOLUNTEERS,
In Camp near Corinth, July 24, 1862.

Maj. J. A. RAWLINS, Asst. Adjt. Gen., District of West Tennessee.
SIR: I have the honor to address you for the purpose of calling the attention of the commanding general to the condition of the Twenty-fifth Regiment Missouri Volunteers in the command of which I have been since the 4th instant. September 20, 1861, the regiment was surrendered at Lexington, Mo., and in a short time thereafter was released upon parole. In October General Frémont then in command of the department ordered it to be disbanded and the men to be mustered out of service. The order was carried into effect October 26, 1861. Afterward an arrangement was made by Generals Frémont and Price whereby the Camp Jackson prisoners on parole were to be exchanged as far as their numbers reached for an equal number of Lexington prisoners. Under this arrangement a part of the officers and men of this regiment (then known as the Thirteenth Missouri Volunteers) received their release from parole but many still remained under their obligation. In February, 1862, the War Department issued a special order (No. 29) by which the muster-out was cancelled and the officers and men were required to report to regimental headquarters for duty. Col. Everett Peabody who then commanded the regiment thereupon published his order to the effect that those who failed to report would be treated as deserters.

Regimental histories of civil war units are often just as intriguing as reading about the battles in which they took part. As I was working on They Met at Shiloh, I puzzled over why I could not find much information in the Official Records for the 25th Missouri previous to the battle of Shiloh. It was only after having written my drafts and in editing that I discovered that the 25th hadn't participated in the Ft. Donelson campaign as I had previously supposed. While other regiments were freezing in the siege lines around Ft. Donelson, another drama was playing out.

Days after the defeat at Wilson's Creek and scattering of Nathaniel Lyon's federal forces in Missouri, Major General Sterling Price, in command of the Missouri Home Guard - forces sympathetic to the Confederacy and nominally counted as part of the rebellion but nonetheless representative of a neutral state marched triumphantly through Springfield Missouri unopposed on September 11th, 1861 and his van stopped on the outskirts of Lexington, Missouri for the night to await the arrival of the rest of Price's force.


Major General Nathaniel Lyon
The confederate force that overwhelmed Lyon at Wilson's Creek was smaller as it progressed into Missouri as the Arkansas troops under General Ben McColluch leaving Price with a substantial force. Facing them were several thousand determined yet hopelessly out gunned federals under Colonel James Mulligan in command of a brigade (the 23rd Illinois Infantry) of Irish, Mulligan himself Irish, marched from Jefferson City, Missouri, and once determining where Price was headed entered Lexington and began preparing for its defense. Here he was joined by a regiment of Illinois Cavalry (1st Illinois) and several hundred home guard. Colonel Everett Peabody, marching from Kansas City, Missouri, brought in his 13th Missouri Volunteers to add to the defense of this strategic and important city. 2,800 men to oppose Price's 10,000. The results were inevitable.

Colonel James A. Mulligan, cmdr 23rd Ill
Though Mulligan gave Price a few days pause and bought enough time to allow Major General Fremont to cobble together sufficient force to oppose Price, the 2,800 men minus those lost during the three days of fighting were surrendered on September 20th, 1861. It would be here that the drama would begin for the hapless members of the 13th Missouri and 1st Illinois Volunteers. Public outrage over the twin defeats of Wilson's Creek and of Lexington would see Fremont cashiered and Henry W. Halleck taking command of the Western Theater of operations. But, before Fremont left, he brokered an exchange of prisoners as alluded to in the above communication.
Mjr General Sterling Price
The problem with the negotiations for prisoner exchange was that Price held no Confederate commission and was not legally holding those captured at Lexington prisoner and Fremont, for his part, was holding men captured at Camp Jackson, Missouri Home Guard units encamped in St. Louis and prepared to take the federal arsenal were not legally prisoners of war but arrested. Due to the anomalies official Washington did not take a kindly view of the exchanges. Those men taken at Lexington were paroled on the field after taking an oath to not take up arms against the Confederacy unless duly paroled and to these men it was a serious oath taken and given in honor. Further, due to the paroles and oaths taken by these regiments General Fremont ordered they be disbanded and discharged from duty until properly paroled. So, men of the 13th Missouri headed for home and were not expecting to re-enter the service. The following extract from the Official Records aptly demonstrates how these oaths were taken:

Mjr General John C. Fremont

BENTON BARRACKS, April 5, 1862.
Major-General HALLECK.
RESPECTED SIR: We the undersigned respectfully solicit your attention for a few moments in regard to this article concerning the First Illinois Cavalry Volunteers, we having been compelled to come back into the service and that too under false pretenses; and we ask why all the members of the above regiment are not compelled to return if any part of them are? We do respect the oath which circumstances compelled us to take when we were taken prisoners at Lexington and there surrendered our arms to General Price of the Confederate Army. We there took a solemn oath before God and man that we would not take up arms against the Southern Confederacy. We consider it our duty to stand by that oath and if we do take up arms again we will have to answer for a sin which we are compelled to commit, and moreover we do not think that an exchange will relieve us from that oath. We cannot think that oath null and void; we would be happy to think so but we do not. The officers of this regiment can return to the service with a clear conscience as they did not take an oath but were released on parole of honor and have been exchanged. We wish to do what is right and we will do that come what will. We hope to hear from you soon.
BENJAMIN F. BROWN,
President.
M. B. SMITH,
Secretary of Meeting

What compelled these men to rejoin their regiments was General Order no. 29 canceling the discharges and, in some instances, forcing the men at point of the bayonet into rejoining their regiments. In the case of the old 13th Missouri, not all of the men had been exchanged in the Price/Fremont exchange and therefore still remained under their oaths. The GO no. 29 forced all men mustered into federal service back into their units regardless of the circumstances as evidenced in the above entry. Hence, while these men were being rounded up and reporting for duty in February, 1862 the battle for Fort Donelson was being fought and won. By March and April, the 25th Missouri, reconstituted from the cadre of the old 13th and mostly new recruits, was encamped with other green regiments of Prentiss's division awaiting their date with destiny.


Mjr General Bengamin Prentiss

Camp of the 25th Missouri Volunteers, Union at Shiloh

In my novel, They Met at Shiloh, Robert and his pards find themselves standing at the edge of the Hamburg – Purdy road staring downhill at the gathering mass of Confederates preparing to march upon them. A steep slope of about 75 yards leads up to the camps of Peabody's brigade and the memorial to Colonel Everett Peabody surrounded now by trees and young forest. The 25^th's camp site was their last stand before the regiment disintegrated and scattered along with the rest of Peabody's brigade.

Early on the morning of April 6^th Peabody cobbled together a battalion of companies from his brigade for a recon force taking them through thick woods to the outskirts of Fraley Field where in the early morning light they beheld the divisions of Leonidas Polk's Corps marching towards them. Outnumbered and alone, the battalion stood at the edge of the Fraley farm and the forest and opened fire, holding the confederates at bay for a brief time, hoping to buy time for the rest of the army to prepare.

Counter marching a quarter of a mile they again formed in the field of the Seay farm where more companies of the brigade met them and another short, sharp fight ensued until their flanks were turned and they again counter marched to their camp sites atop the rise where Peabody was later killed.

Much has been made of the federal commands lack of preparations and defenses prior to the attack and of the disdain displayed by key commanders as to any hint of a threat. Peabody, censured for his constant cry of "wolf" is notable for the prescient early morning patrols he'd been sending out towards Michie's Crossroads. Although unaware of the eminent avalanche descending upon his companies, Peabody did not believe the scoffing of his superiors. Having bumped into Polk's advancing lines; the recon patrol forced a delay in the advance. The 25^th Missouri, after a brief stand at the outskirts of their camp, retreated through it and tried to stand on the other side until outflanked.