38th Indiana Volunteers Veterans



38th Indiana Volunteers Infantry

After Fort Sumter was fired upon, Benjamin Scribner, a New Albany, Indiana druggist, organized a militia regiment from the area. Benjamin Franklin Scribner was born in New Albany, Indiana, on September 20, 1825. As a young man Scribner fought with the 2nd Indiana Infantry in the Mexican War and after the war, published a journal of his experiences, Camp Life of a Volunteer, by One Who Saw the Elephant.

Benjamin Franklin Scribner

The recruits were formally mustered in August 1861 as the 38th Indiana Volunteer Infantry Regiment with Scribner in command. The 38th was assigned to routine military duty in Kentucky and Tennessee before participating in their first battle at Perryville, Kentucky, in October 1862. There, the 38th lost 27 killed and 123 wounded. Colonel Scribner led a brigade in another fiercely contested battle at Stones River (Murfreesboro), Tennessee, on December 31, 1862, and January 1,2 of 1863. The casualties of the 38th were 14 killed and 86 wounded. In the summer of 1863, the 38th pushed on to Chattanooga in William Rosencrans's Tullahoma, Tennessee, campaign. At the two-day battle of Chickamauga, Georgia, the 38th lost a total of 110 men.

Union Poster 1861

In November 1863, Scribner commanded a small brigade in the Union victory at Missionary Ridge (Chattanooga). The following May 1864, William T. Sherman began his Atlanta campaign and Scribner led a brigade in most of the major battles of the campaign. In early July, Scribner became sick, or exhausted, and gave up command. On August 8, 1864, on the recommendation of General George Thomas, Scribner was brevetted brigadier general but 13 days later resigned because of health problems. He also served in a government position in Sitka, Alaska, for a short time. In 1887 he wrote and published a book entitled, How Soldiers Were Made. Benjamin Scribner died in Louisville, Kentucky, on November 29, 1900, and was buried in Fairview Cemetery in New Albany. You can read his book about the civil war and what his troops experienced on line below. He died in 1900. Union Poster 1861 Read his full book on line free on-line by clicking the book image at the left.

Serving as lieutenant Colonel was Walter Gresham. In 1860 he was elected to the Indiana Legislature and served one term. In 1862 Gresham enlisted in the 38th Indiana Regiment and was elected captain by the men. The following year he was promoted to lieutenant colonel and later to colonel of the 53rd Indiana. He was soon promoted again, this time to brigadier general of the 53rd. After the war, President Grant appointed him district judge for Indiana. Gresham briefly served as Postmaster General and Secretary of the Treasury in 1883 & 84 before being name circuit judge for Illinois, Wisconsin, and Indiana. He was urged to run on the Populist Party ticket in the 1892 presidential campaign, but he declined and supported Grover Cleveland. Cleveland rewarded Gresham's support by naming him secretary of state in 1893. Gresham opposed American imperialism and the annexation of Hawaii. He died in office in 1895.

Serving as Company K Captain is John Sexton of Alton, Indiana, commissioned 18 Sep 1861, mustered in 18 Sep 1861, but died 10 Nov 1862 of wounds received at Perryville. Serving as Company K Captain after Sexton's death was George W. Windell of New Amsterdam, Indiana, commissioned 11 November 1862, mustered in 4 Dec 1862. He resigned 29 Oct 1863 with one of his last official acts being serving as a Juror on the Court Martial which finds John Yates innocent of any charges. Also on the jury with Captain Windell and thereafter serving as Company K Captain after Windell's departure was James G. Land Alton, Indiana commissioned 30 October 1863, mustered in 4 December 1863, mustered out 21 October 1864. James Land completed the final discharge paperwork certifying the death of John Yates.

38th Regiment, Indiana Infantry Organization

Union Poster 1861 Civil War Muster Roll

Organized at New Albany, Ind., and mustered in September 18, 1861.|  Ordered to Elizabethtown, Ky., September 21, and duty at Camp Nevin on Green River till February, 1862.|  Attached to Wood's Brigade, McCook's Command, at Nolin, Ky., October-November, 1861.|  7th Brigade, Army of the Ohio, to December, 1861.|  7th Brigade, 2nd Division, Army of the Ohio, to March, 1862.|  7th Independent Brigade, Army of the Ohio, to July, 1862.|  9th Brigade, 3rd Division, Army of the Ohio, to September, 1862.|  9th Brigade, 3rd Division, 1st Corps, Army of the Ohio, to November, 1862.|  1st Brigade, 1st Division, Center 14th Army Corps, Army of the Cumberland, to January, 1863.|  1st Brigade, 1st Division, 14th Army Corps, to April, 1864.|  3rd Brigade, 1st Division, 14th Army Corps, to June, 1865.|  1st Brigade, 1st Division, 14th Army Corps, to July, 1865.

38th Regiment, Indiana Infantry Service

Camp Nevin

Ordered to Elizabethtown, Ky., September 21, and duty at Camp Nevin on Green River till February, 1862.

January 28, 1862

A full page handwritten document written by Company K Captain John Sexton at Camp Wood Kentucky approved by the proper medical and command authorities grant John Yates a medical furlough until February 28, 1862. The Assistant Surgeon indicates that John Yates is convalescing from an undecipherable condition and is not fit for duty for the next 30 days. There is an undated Certificate of Disability for Discharge signed as "Approved" by a M. Goldsmith, MD Surgeon U.S.A. Medical Director. It states, partly form letter but mostly in the examining Doctor's handwriting the following:

I Certify that I have carefully examined the said JOHN YATES of Captain WINDELL'S Company , and find him incapable of performing the duties of a soldier because of "large scrofulous (abscess of the right side involving all the muscles of the chest) discharging a pint of matter daily and producing extreme emaciation. Disability Total".

Thomas W. Line, MD, Surgeon, U.S.A.
In Charge of Post

The railroad bridge over the Green River at Munfordville made the security of the town absolutely crucial to the Union war effort, as control of the bridge meant control of the Union supply line into middle Tennessee. As a consequence, Munfordville found itself under the weight of a continuous Union military presence from late 1861 until late 1865, with the exception of only a few days in September 1862 when Bragg's army captured the garrison.

The Union commander of the Department of the Cumberland, Brig. Gen. Robert Anderson (of Fort Sumter fame) and his successor, Gen. William T. Sherman, countered Confederate movements by sending troops first to Muldraugh Hill (near Elizabethtown) and then to Camp Nevin near the Nolin River bridge in southern Hardin County. The latter camp was established on October 9 by the brigade of Brig. Gen. Lovell Rousseau. Soon an entire division under Brig. Gen. Alexander M. McCook was encamped at Camp Nevin, and held this post for two months until ordered by the new commander of the Army of the Ohio, Gen. Don Carlos Buell, to defend the Green River Bridge 23 miles to the south.

Civil War Muster Roll Civil War Muster Roll

Advance on Bowling Green, Ky., and Nashville, Tenn., February 10-March 6, 1862.

The Company Book records that John Yates is present for the months of January and February, 1862. This presumes John returned timely from his leave to his duty station, likely at this point to be Nashville.

Moved to Franklin March 25, thence to Columbia and Shelbyville. Duty at Shelbyville till May 11, 1862.

The Company Book records that John Yates is present for the months of March and April, 1862. John appears to have been assigned duties as a Company Cook for the month of April. It was common practice to assign such duty to the line troops. As we shall see the record also indicates that in the beginning of the Civil War even the "sick were expected to take care of the sick" which was soon stopped as drastic Camp Illnesses mounted threatening the loss of effective troop strength.

Action at Rogersville May 13, 1862.

Civil War Muster Roll Civil War Muster Roll

The Company Book records that John Yates is present for the month of May, 1862 fulfilling regular duties. This presumes John participated in this action.

Expedition to Chattanooga May 28-June 16. Chattanooga June 7, 1862.

The Company Book records that John Yates is present for the month of May and June 1862 fulfilling regular duties. This presumes John participated in this action.

Guard duty at Shelbyville and Stevenson till August 1862.

The Company Book records that John Yates is present for the month of June 1862 fulfilling regular duties. This presumes John participated in this action for June. However, starting with July it appears that John Yates suffered a relapse of the his ailments such that it required hospitalization on medical care. Only after the fact can we compare Indiana State Archive documents to the Company Book and begin to acknowledge a confusing geographic disparate record keeping system.

Moved to Dechard August 17, 1862, thence march to Louisville, KY., in pursuit of Bragg, August 21-September 26, 1862.

John Yates has been hospitalized. He is not with the Company.

Perryville

Pursuit of Bragg into Kentucky October 1-15, 1862. Battle of Perryville October 8, 1862.

John Yates has been hospitalized. He is not with the Company.

Civil War Muster Roll

March to Nashville, Tenn., October 16-November 7, and duty there till December 26, 1862.

John Yates has been hospitalized. He is not with the Company.

Advance on Murfreesboro December 26-30, 1862. Battle of Stone's River December 30-31, 1862, and January 1-3, 1863. Duty at Murfreesboro till June.

On January 7, 1863 John was given a disability discharge from the service. He was also provided orders to return him to Grantsburg pending a final set of discharge paper to be forwarded to him via the mail. A reasonable person would conclude from what transpired that John Yates understood he was discharged from service and was now on his own to recover his health or die at home. This is the critical communication failure which will cause John to be undeservingly listed as a "deserter"; the medical administrative staff did not inform the battle staff of the decision to discharge John Yates. This will cause John to be arrested at home on August 29, 1863 and given a General Court Martial in Chattanooga, TN. These court proceedings have been found and provide an amazingly rich picture of how things unfolded.

Civil War Muster Roll Civil War Muster Roll

Middle Tennessee or Tullahoma Campaign June 24-July 7, 1863. Hoover's Gap June 24-26. Occupation of Middle Tennessee till August 16, 1863.

John Yates has been discharged from the service and is at home convalescing.

Passage of the Cumberland Mountains and Tennessee River and Chickamauga (Ga.) Campaign August 16-September 22, 1863. Davis Cross Roads, Dug Gap, September 11, 1863.

John Yates has been discharged from the service and is at home convalescing. However, the Company Book has him marked "Absent". Additional remarks indicate he was Taken up from Desertion September 1863 and described as being Absent under arrest at Division Headquarters.

Battle of Chickamauga September 19-21, 1863. Rossville Gap September 21, 1863.

Civil War Muster Roll Civil War Muster Roll

Siege of Chattanooga, TN, September 24-November 23, 1863. Chattanooga-Ringgold Campaign November 23-27. Lookout Mountain November 23-24, 1863.

Chattanooga 1863

John Yates Court Martial was convened October 22, 1863. John Yates is described as being Absent under arrest at Division Headquarters. John was found not guilty of all specifications and charges and returned to active duty with his previous company K. The Company Book records that John Yates is present for the months of November and December 1863 fulfilling regular duties.

Mission Ridge November 25, 1863.

The Company Book records that John Yates is present for the months of November and December 1863 fulfilling regular duties.

Civil War Muster Roll Civil War Muster Roll

Pea Vine Creek and Graysville November 26, 1863. Ringgold Gap, Taylor's Ridge, November 27, 1863.

The Company Book records that John Yates is present for the months of November and December 1863 fulfilling regular duties. This presumes John participated in this action. Company Book remarks indicate that "Veteran's Volunteer $50 Bounty due, 2nd installment.

Duty at Rossville, Ga., and Chattanooga, TN, till February, 1864, and at Tyner's Station and Graysville till May 1864. Atlanta (Ga.) Campaign May 1 to September 8, 1864. The winter of 1863-64 was passed at Rossville, GA. and Chattanooga. While at the former place the regiment re-enlisted on the 28th of December, 1863, and, on the 3rd of January, 1864, started home on a Veteran furlough, reaching Indianapolis on the 9th with 360 men and officers. On the 26th of February the regiment returned to Chattanooga and moved to Tyner's Station in March and Graysville, GA in April 1864.


Evaline Yates Evaline Yates

John & Elizabeth's daughter Evaline Yates died 17 Jan 1864, so as incredible as this might seem, she died while John was scheduled to be home on Furlough so he may have been present during her death. The Company Book records that John Yates is present for the month of May and June 1862 fulfilling regular duties.

A Company Book remark indicates John Yates is "Discharged December 19, 1863 by virtue of re-enlistment as Veteran Volunteer" and re-enlisted as a Veteran Volunteer at Rossville, GA and Mustered in on December 29, 1863 for a period of 3 years. Captain James G. Land was the officiating officer.

The "Detachment Muster-out Roll" document shows him Mustering out as of December 19,1863, last paid to June 30, 1862. Recorded remarks are: "Discharged to re-enlist as Veteran Volunteer under General Order Number 191 series 1863 from War Dept." Clothing Account: Not settled since enlistment, Amount for clothing in kind or money advanced: $57.21.

The "Muster and Descriptive Roll of Veteran Volunteers" gives his general description repeated as above except now at 38 years old, Cooper and Farmer, for a period of 3 years, Mustered in December 29 1863, Muster in to date Dec. 20, Bounty paid $60.00, Residence Grantsburg, Indiana, one months Advance Pay $13.00 & Prem $2.00 Paid.

Civil War Muster Roll Civil War Muster Roll

Demonstration on Rocky Faced Ridge May 8-11, 1864. Buzzard's Roost Gap May 8-9, 1864.

The Company Book records that John Yates is present for the months of January, February, March, April, May, June through July 114, 1864 fulfilling regular duties.

Battle of Resaca May 14-15, 1864.

The Company Book records that John Yates is present for the months of January, February, March, April, May, June through July 114, 1864 fulfilling regular duties.

Advance on Dallas May 18-25, 1864.

The Company Book records that John Yates is present for the months of January, February, March, April, May, June through July 114, 1864 fulfilling regular duties.

Operations on Pumpkin Vine Creek and battles about Dallas, New Hope Church and Allatoona Hills May 25-June 5, 1864. Pickett's Mills May 27, 1864.

Civil War Muster Roll

Operations about Marietta and against Kenesaw Mountain June 10-July 2, 1864. Pine Hill June 11-14, 1864.

The Company Book records that John Yates is present for the months of January, February, March, April, May, June through July 114, 1864 fulfilling regular duties.

Lost Mountain June 15-17, 1864.

Civil War Muster Roll

The Company Book records that John Yates is present for the months of January, February, March, April, May, June through July 14, 1864 fulfilling regular duties.

Assault on Kenesaw June 27, 1864.

The Company Book records that John Yates is present for the months of January, February, March, April, May, June through July 114, 1864 fulfilling regular duties.

Ruff's Station, Smyrna Camp Ground, July 4, 1864.

The Company Book records that John Yates is present for the months of January, February, March, April, May, June through July 114, 1864 fulfilling regular duties.

Chattahoochie River July 5-17, 1864. Peach Tree Creek July 19-20, 1864.

The Company Book records that John Yates is present for the months of January, February, March, April, May, June through July 114, 1864 fulfilling regular duties.

Kennesaw Mountain Terrain

In the summer of 1864 as the Union Forces are moving into and fighting for the control of Atlanta, General Sherman, the Union Commander, found himself in a position from which to slice eastward to a key railroad or south to the Chattahoochee River, a large river in the current city of Atlanta. A few days after attacking Sherman began shifting troops to his right, forcing General Johnston, the Confederate Commander, to choose between giving up the Kennesaw rail road line or being cut off from Atlanta.

General Johnston, expecting such a maneuver and believing that he could stretch his army no farther, had begun a new line of defense at Smyrna, four miles below (south) of Marietta. On the night of July 2-3 he moved to this new line of defense. Advancing Federals confronted Johnston's new defensive line late on the afternoon of July 3rd, 1864.

After a day of skirmishing, Sherman's troops on his right threatened General Johnston's communications with Atlanta, and during the night of July 4-5, 1864, the southerners fell back to the north bank of the Chattahoochee River where they occupied a heavily fortified position. The picture above is described as being rebels at the main bridge crossing the river.

Realizing that the Rebel line was too strong to be attacked, Sherman sent his cavalry to Capture Roswell, GA 16 miles north up river, and planned to attempt a crossing above the rebel heavily fortified position at the river. On July 8, 1864, while the rebel commander's attention was diverted by other action, some of General Sherman's men crossed the river using pontoon boats and the ruins of a dam. By nightfall the Yankees were securely dug in on the south bank.

During the following night the rebel forces crossed the Chattahoochee and went into position along Peachtree Creek, a few miles from the actual old city of Atlanta. For a week, approximately July 11-18th, General Sherman rested his men and planned his next move. It was during this break in action that John Yates was killed by accident while on duty by the falling of a tree near Chattahoochee River, Ga. July 14, 64. (PP 692. Civil War, A complete Photographic History, compilation copyright 2000)

Atlanta Map

July 14, 1864 The Company Book remarks indicate John Yates "Killed by accident, by the falling of a tree, near Chattahoochee River, Georgia July 14, 1864" The "Returns" log states: "Loss, July 14/64, Killed by accident".

The muster roll information is generally the main source of information on individual soldiers who served in the Indiana volunteer regiments. The U.S. Army did not collect any other personal information on the soldiers and their families. They were not in need of parental names, dates of birth and other information. They merely wanted warm bodies to fill the ranks.

There was not an official apparatus of notification of family if a soldier was killed or died. As most volunteer units were recruited in discreet locales (typically, a company was recruited in a single county), the officers and rank and file knew each other and their families. When a soldier was wounded, sick or dead, a comrade, and sometimes the company officers, wrote home.

Civil War Muster Roll

On July 28, 1864 John's Company Commander, Captain, James G. Land, completes a final pay and service record entry for John Yates as follows:

"Having served HONESTLY and FAITHFULLY with his company in TENN. & GA. to the present date, (here the words "is now entitled to a DISCHARGE by reason of:", are marked through) KILLED BY REASON OF A TREE FALLING IN CAMP JULY 15, 1864. It goes on to say he was paid by the paymaster to include the 19th day of January 1864, and has pay due him from that time to the present date, says he has received clothing from the U.S. amounting to $8.49 since December 29, 1864 when his clothing account was last settled and that he has received from the United States $60 advanced bounty. This document is signed "Near Atlanta, Ga., this 28th day of July, 1864.""

On November 12, 1864 this declaration was completed:

DECLARATION---WIDOW'S ARMY PENSION (Elizabeth Roberson). This document from Elizabeth Roberson's pension records from the National Archives is the only one that refers to John's death in this manner; "was killed by a tree falling on him while in the tent" on or about the 14 day of July A.D. 1864.

Siege of Atlanta July 22-August 25, 1864. Utoy Creek August 5-7, 1864.

Flank movement on Jonesboro August 25-30, 1864.

Battle of Jonesboro August 31-September 1, 1864.

Pursuit of Hood into Alabama October 3-26, 1864.

March to the sea November 15-December 10. Siege of Savannah December 10-21, 1864.

Campaign of the Carolinas January to April, 1865. Averysboro, N. C., March 16, 1865. Battle of Bentonville March 19-21. Occupation of Goldsboro March 24, 1865.

Advance on Raleigh April 10-14. Occupation of Raleigh April 14, 1865.

Bennett's House April 26, 1865. Surrender of Johnston and his army.

March to Washington, D. C., via Richmond, Va., April 29-May 20, 1865.

Grand Review May 24, 1865

Grand Review May 24, 1865.

Moved to Louisville, Ky., June, and there mustered out July 15 1865.

Civil War Muster Roll

July 15, 1865 In the final Company Muster these remarks were made: Co. Muster- out Roll, Remarks: Veteran Killed by accident while on duty by the falling of a tree near Chattahoochee River, Georgia July 14, 1864. (He is buried in the Marietta Georgia National Cemetery).

Regiment lost during service 9 Officers and 147 Enlisted men killed and mortally wounded and 1 Officer and 254 Enlisted men by disease. Total 411.

Source: www.itd.nps.gov/cwss/regiments.cfm

This page was last modified: Sunday, 02-Dec-2018 19:01:02 MST