Thomas Franklin Rutherford was the third eldest son of Thomas Rutherford and Margaret Adeline Lemmond. He was born 27 Oct 1836 in Union County, Georgia. In 1840, Thomas would've been listed with his father. In Union County GA 1840 census there is the Thomas Rutherford family with two boys under five (Thomas Franklin and younger brother John Lemmond), two boys ages five through nine (William Williamson and James McCullough) then two males ages 20-29 (Most likely the younger brothers of Margaret Adeline as Thomas became the guardian of Robert and John Lemmond the same date as his marriage to Margaret Adeline 27 Feb 1832 ). Then Thomas Sr. 30-39, one female under five (Elizabeth) and one female 20-29 (Margaret Adeline).
 |
| Presumed to be a pic of Thomas Sr. |
On 25 February 1862 Thomas Franklin, along with three of his brothers, James M, John L and Robert W, as well as his brothers-in-law, George W. and William C. Wright, along with 70 other men, met at James Childer's and enlisted with Co. A of the 37th Mississippi Infantry. This company later became Co. A of the 34th Mississippi Infantry. There is a book written by David B. Boone, Jr. titled Honor Without A Stain; The 34th Mississippi Infantry Regiment, 1862-1865 with a lot of information in it. It mentions Thomas Franklin by name on pages 12, 87, and 92. Also if you have a subscription to Fold3 his military records can be found here.
According to Fold3 records his regiment was organized in April of 1862. They saw their first battle just 20 days later at Corinth/Farmington on 9 May. Thomas first appears on the Muster Rolls for July & Aug of '62 as Present. After the Battle at Farmington Thomas's Company was sent 221 miles (he would've marched on foot) to Chattanooga where, joined with Gen. Bragg's army they marched another 271 miles to Kentucky where they engage in the Battle of Perryville. In his records it mentions that he was severely wounded at that battle, which was fought on the 7th & 8th of October 1862. Four days later, back at home, his wife would give birth to their first son, Thomas Nathaniel Rutherford.
It's here that I want to pause for a moment, considering all the debate that is taking place across this Nation about the Confederate flag, and what it means today to many people who defend it. And what it meant then, to some.
While researching this line and finding that Thomas Franklin and 5 of his brother's all fought on the side of the Confederacy, one has to ponder their motives. Was it slave related? Was it to protect their homes/land/way of life? Why Thomas Franklin and his brothers fought for the Confederacy may never be known, but I do want to give some history on his family so that we get a bigger picture.
I'll start with the name Thomas. Thomas was a family name. We have Thomas Nathaniel, son of Thomas Franklin. Thomas Franklin son of Thomas (no known middle name) so I'll say Thomas Sr. Thomas Sr. was the son of David Rutherford who had a half-brother named Thomas Todd. Thomas Todd mentions David's children in his Will.
David Rutherford died when Thomas Sr. was only six or seven years old. David's widow, Elizabeth Williamson Rutherford didn't remarry until Thomas Sr. was 18. And while Thomas Todd mentions his half-brother's children in his will, it's the other contents of this will that are so interesting to me.
Thomas Todd, of Rowan County, NC, wrote out his will in 1858. He didn't die for another 11 years.
In his will Thomas makes provisions for his slaves to be set free. Their names were listed in the following order: July, Bob, Tom, Summer, Eliza, Rachel and Parker. In the 1860 slave schedules there are seven slaves listed under the ownership of Thomas Todd. Two males age 50. One female age 50. One male age 20. One male age 18. One male age 15. And one female age 13. If the above named individuals were listed by age that would mean July, Bob and Eliza were born about 1810, Tom about 1840, Summer about 1842, Parker about 1845 and Rachel about 1847.
Here is the transcription of Thomas Todd's Will:
In the name of God, Amen - I Thomas Todd being in good health and sound mind and memory but knowing the uncertainty of human life, do make and constitute this my last Will and Testament at the same time revoking all former wills which may have been made by me.To find out more you can read through his Estate File here . For anyone researching their African American/Slave ancestors I would like to note that in the Estate File last names for the former slaves are given as July Todd, Lunnon alias Lane Henderson, Bob dies no last name given, Tom Henderson, Eliza Henderson, Rachel marries a Caesar Robertson and Parker dies no last name given.
Item 1st: In the first place, I desire that all my just debts be paid and that my executors cause a Tomb Stone of a respectable article to be erected over my grave; and pay all of my burial expenses.
Item 2nd: It is my will and wish that all my slaves be emancipated and released from servitude but knowing that this cannot be accomplished without their removal from this State, I declare it to be my will, and I hereby expressly direct my executors that as soon after my death as it can conveniently be done they cause all my negroes to wit: July, Bob, Tom, Sunnon (possibly Lunnon), Eliza, Rachel, and Parker and the increase of Rachel and Eliza if they should have any from this date to be removed and settled in some free State or States. But if it should happen that my said slaves cannot be removed and settled in a free State or States either in consequence of the law of such State or States prohibiting their introduction & settlement or rom any other sufficient reason then and in that even it is y will and direction that my said slaves be sent to Liberia in Africa and for the purpose of enabling my executors to carry out my will in regard to my slaves I will and bequeath to them eight hundred dollars to be raised out of my personal estate and if my personal is insufficient to make the sum then take out of my land property and to be held by them in trust and applied in discharge of their expenses of the removal of my said salves to a free State or States or to Liberia as the case may be and if there should be any balance of the trust fund herein created remaining after paying the expenses of the removal of my slaves as aforesaid then to pay over such balance to my said slaves to be equally divided among them. If my executors should find in impractical to remove my slaves immediately after my death and it should become necessary to hire them out for a time it is my will that all money received by them for hire be held used and paid over as herein before directed in regard to the fund of eight hundred dollars. If the fund I have herein set apart to defray the expenses of the removal of my slaves in manner as above directed should prove to be insufficient, I hereby authorize my executors to appropriate such further sums or sums from my estate ass may be necessary to cover the expenses of the removal.
Item 3rd: I will and direct three hundred dollars to be paid out of my Estate to my niece Mary Ann Gheen.
Item 4th: I will and bequeath all the remaining part of my estate which may be left after complying with the above bequeaths to my Brother John B Todd and my sisters Nancy S. Thomason, Elizabeth P Trott and Mary Kerr* or their heirs or assigns should make any effort to brake or set aside this my last Will and testament as I have directed It is then my will that part I have allowed to go to my Brother and Sisters as above mentioned go to my half Brother David Rutherford's children vis, James Rutherford, Thomas Rutherford, William B Rutherford and Mary Ann Gheen. But if my Brother and Sisters or their heirs or assigns admit this my last will and testament to stand as I have directed it I allow them to have above mentioned, Share and Share. I appoint DA Davis and Archibald H. Caldwell executors of this my last will and testament.
*to be divided equally among the four share and share; now if my brother John B Todd and my sister Nancy S. Thomason, Elizabeth P Trott and Mary Kerr
6th: It is my will that my Executors sell all my property and personal except my slaves and make the distribution herein before directed in money.
Witness my hand and seal this 16th day of January AD 1854
Witnesses N F Hall & J C Gillespie
I hereby decline to qualify as Executor of the will of Thomas Todd as above appointed and relinquish all claims to qualify as such Executor. July 29th 1869 signed DA Davis
Witness SH Wiley
So from this we know that Thomas Sr.'s Uncle was an Abolitionist. Thomas Sr. was a mill right and while he didn't have any slaves listed with his family in 1840 he did have 3 listed under his name in 1850. A 40 year old woman and two young female babies age 2 and 10 months. In 1860 he is not found in the slave schedules. Thomas Franklin doesn't show up anywhere in 1860 other than his marriage record. Non of Thomas Franklin's brothers show up in the 1860 slave schedules. And his Father-in-law Nathaniel Wright isn't listed in the slave schedules either. There is a record for Thomas Sr. with the Southern Claims Commission where he states that he didn't vote for succession. He said there was not a Union Candidate so he did not vote. He goes on further to say:
"I was a Union man at the commencement of the war, still I can't say I did not sympathize with my sons in the Confederate Army."
From there he goes on to list what was taken from his mill - bacon, corn meal, horses etc. and in closing says,
"I believe the property taken was necessary for the use of the US Army, was taken under circumstances that justifies the taking and would justify the US Gov in paying for the same."A witness to Thomas Sr.'s claim, a teacher named J W Thompson, says that Thomas Sr. was a "Union man in theory".
So with a father who was a "Union man in theory" and a great uncle who was an Abolitionist, what would motivate these six young men to volunteer for the Confederacy? ** Here is a newspaper article about Thomas' daughter Lillie that also says, though he was against slavery, he fought for the confederacy.. The Odessa American
At the time of their enlistment William would've been around 30, James 28, Thomas 26, John 22, Robert 20 and David Flynn only 18.
Now to continue with the rest of Thomas Franklin's military story:
After being severely wounded at the Battle of Perryville, Thomas Franklin continued in the fighting. He would travel to Shelbyville, TN, where he was 'Present' for Nov & Dec of '62. On the 31st of December, the 34th would engage in the Battle of Stones River at Murfreesboro, TN. Again Thomas Franklin shows as 'present' for Jan & Feb of '63. For March & April '63 he was 'present' and promoted from Private to 5th Sergeant on the 15th of April.
A little online research provided the following information on the rank of 5th Sergeant:
5th Sgt was the most junior Sgt in the Company & not all CS units had a 5th Sgt as some of the CS units only alowed for 4 Sgt's. If there had been a 5th Sgt prior to that point he would likely have been demoted to 1st Corporal. In the ranks he would have stood behind the battle line as a file closer in the middle area of the battle line IIRC.
As to their duties, the NCO's had varying degrees of responsability w/ the 2nd Corporal being responsible for 6-12 men depending on the situation. The 5th Sgt would typically have been responsible for 2 Corporals and about 20 men. But as casualties, attrition and detachments quickly dropped a 1000 man Regiment to often less than 300 you can see why 5th Sgt's were dropped from the establishment. They just weren't needed anymore, eliminating them from the organization saved some coin and unneeded rank.
For the months of July & Aug, Sgt Thomas Franklin Rutherford was 'present'. It would seem there was quite a bit of down time (about 8 months) between the battle of Stones River and the last two battles Thomas Franklin would take part in. On 18 September 1863 he would fight in the Battle of Chickamauga and then moved to Look Out Mountain where he and his brother Robert Walker were captured and taken prisoner on 24 Nov 1863.
 |
| Regimental flag of the 34th Mississippi Infantry captured at Lookout Mountain Nov. 24, 1863 by the 149th N.Y. |
The two brothers were first taken to Nashville and from there taken to the Union Military Prison in Louisville, KY for holding. They were kept until Dec 3rd when they were then loaded onto the train and shipped to Rock Island. They arrived December 5th. He and his brother appear to have been able to stay together through this ordeal. Both were "housed" in Barracks #9; Thomas Franklin registered as #36 and Robert Walker as #37.
To read a first person account of what it was like at Rock Island Prison please click here.
On the 18th of March 1864 Thomas Franklin Rutherford signed his Oath of Allegiance and he, his brother, and over 1,000 other soldiers were transferred for exchange of Union prisoners on March 20, 1864.
In his service records where his name appears on the rolls of soldiers who took the Oath of Allegiance in the remarks it says "Wishes to go home."
Nothing remains of the prison buildings today. Visitors on the island, as they view the island's beautiful scenery, see nothing to recall this period in the island's history. Where once the Headquarters buildings of the prison was located stands the mansion of the Commanding General of the Ordnance Weapons Command. The stockade and the prison barracks area is now a part of the Rock Island Arsenal Golf Course and officers quarters. The non-contagious disease hospital is the present site of two Arsenal shop buildings. The pest houses of the day have given way to a huge shop building. All that remains of the period of the island's history are the Confederate and National Cemeteries, which lie in quiet and peaceful groves of elms and oak trees. Perpetual care of the graves give these peaceful sites with their rows of white headstones in long straight rows, completely encircled by the towering trees, a serene and peaceful resting place for those who died so far from home and friends.After his release I'm not sure what happened as the war didn't end for the 34th for another year, when they surrendered 26 April 1865.
After the war Thomas Franklin returned home to Tippah, Mississippi where he fathered five more children, Grandville Gregory, Mary, Alice, Margaret, and my ancestor James Walter Rutherford who was born in 1877.
By 1880 Thomas, with his wife and children, left Mississippi and settled in Ellis County, Texas. And by 1900 he was in Coleman County where he died in 1906 and is buried at Santa Anna Cemetery. Children born to him while living in Texas were, David Williamson*, Minnie Elizabeth, and Lillie Carl. I have never been able to find a military pension or a widows pension. From all of the census records his occupation was always listed as farmer. I wish I could find out more from his life in Texas. Maybe I will in time.Until next week,
Becky
*Williamson was also a family name. It was his paternal grandmother's maiden name. Her first name was Elizabeth. When her husband David died, her father William became guardian of Thomas Sr. and his siblings, James, William Brandon, Mary Ann, and David.
As always please check out my Sister-in-law's blog at Days of Our Lives. And for more on the Tippah County Rutherford's you can check out this page.
