FIFTH REGIMENT.

1. Duncan K. McRae, Colonel. 3. T. M. Garrett, Colonel,

2. Jolin W. Lea, Colonel. 4. P. J, Sinclair, Lieut.-Colonel.

5. John C. Badham, Lieut.-Colonel.

FIFTH REGIMENT.

By MAJ. JAMES C. MacRAE AND SERGT.-MAJ. C. M. BUSBEE.

This was oue of the tea regiments organized under the act of

the General, Assembly of North Carolina, May 8th, 1861, en-

titled: "An Act to Eaise Ten Thousand State Troops"; and it

is to be distinguished from the Fifth Volunteers, afterwards

called the Fifteenth North Carolina Regiment.

It was formed in camp of instruction at Halifax in July, 1861,

by the assignment to it of the following named field officers:

Duncan K. MacRae, Colonel; Joseph P. Jones, Lieutenant-

Colonel; John C. Badham, Major; Lieutenant Isaac A. Jones,

of Company H, Acting Adjutant; Captain John Kirkland,

Acting Quartermaster; Captain James M. Jones, Acting Com-

missary-Sergeant; Dr. James A. MacRae, Surgeon; Dr. John

K. Ruffin, Assistant Surgeon.

It was composed of:

Company A, from Cumberland, Captain P. J. Sinclair.

Company B, from Gates, Captain W. J. Hill.

Company C, from Johnston, Captain E. D. Sneed.

Company D, from Craven, Captain Jacob Brookfield.

Company E, from Rowan, Captain Samuel Reaves.

Company F, from Bertie, Captain Thomas M. Garrett.

Company G, from Wilson, Captain N. A. H. Goddin.

Company H, from Gates, Captain S. B. Douge.

Company I, from Caswell, Captain John W. Lea.

Company K, from Rowan, Captain Ham. C Jones.

While these companies are stated to be from certain counties,

they were enlisted in large numbers from other counties; for

instance, about one hundred and fifty men of this regiment were

282 " North Carolina Troops, 1861-65.

from Chatham; and later, the depleted ranks were filled with

conscripts from different parts of the State.

The regiment reached Manassas on July 19th, 1861, and was

attached to the brigade of General Longstreet, and participated

in the battle of the 21st, its position being on the extreme right;

it was not engaged in the most serious conflict of that day,

although being exposed to the enemy's fire, it lost several men.

It was in the advance upon the retreat of the Federal army,

which it assisted in driving into Washington.

During the winter of 1861-62, having been .assigned to

Early's Brigade, it was stationed at Union Mills on the Orange

& Alexandria Eailroad, engaged in outpost and picket duty in

front of the Confederate lines. At one time it held position on

Mason Hill in sight of the Capitol at Washington, and was daily

engaged with the enemy's skirmishers. In the intervals of its

outpost duty it was thoroughly drilled in preparation for the

arduous work in store for it in the near future.

During this winter, Lieutenant-Colonel Jones, having been

assigned to other duty, resigned his position in the regiment;

Major John C. Badham was appointed Lieutenant-Colonel and

Captain Peter J. Sinclair, of Company A, was promoted to

Major; Lieutenant James C. MacRae, of Company D, was made

Adjutant; Captains Sneed and Goddin resigned and Lieutenants

Mullins and Thompson were made Captains in their stead of

Companies C and G. Dr. MacRae resigned and Dr. Ruffin was

transferred to another command, and Dr. Wingfield became

Surgeon of the regiment.

On the change of front to meet the advance of McCIellan

upon Richmond, Early's Brigade was among the first to reach

General Magruder on the Peninsular. It w^s immediately put

in position in the defensive works near Yorktown, and remained

in the trenches, constantly on duty, until the evacuation of York-

town on May 3, 1862, being the last of the Confederate troops

to leave the works. Passing from the rearguard, it marched up

the Williamsburg road, and on the night of May 4, 1862,

bivouacked in the field beyond Williamsburg, under orders to

Fifth Regiment. 283

take up its line of march at daybreak in the direction of the

Chickahominy.

Its part in the affair at Williamsburg deserves more than

casual mention. Owing to the determined pressure of the

Federals upon the rearguard of the Confederates, Early's Brigade

was counter-marched into Williamsburg, where it rested in the

campus of old William and Mary College during the morning,

awaiting orders. The battle on the right of the Confederates,

below Williamsburg, was very severe during the day, and the

enemy was not only held in check but driven back with great

slaughter. In the afternoon it was found that the Federal troops

had taken possession of an old abandoned redoubt on the extreme

left, and somewhat in advance of the other works, which had

been erected for the defense of Williamsburg, and was seriously

annoying our troops by an enfilading fire from its batteries.

Early's and Rodes' Brigades, under command of Major-General

D. H. Hill, were sent to the left of the Confederate line with

orders to retake this redoubt and silence its batteries. Under the

immediate direction of General Hill, four regiments of Early's

Brigade were marched to the left and disencumbered of all

impedimenta in the open ground, which was separated from this

redoubt by thick woods. Of the four regiments to compose the

attacking party the Twenty-fourth Virginia, Colonel Terry,

led by General Early in person, was on the left and covered by

woods, immediately opposite the redoubt. The Fifth North

Carolina was on the right and opposite an open field about eight

hundred yards from the redoubt to be attacked. At the word of

command the brigade in line of battle passed into the intervening

woods, from which this regiment soon emerged in a field of heavy

plowed ground, in full view of the enemy, who immediately

opened upon it with artillery. In the face of apparent destruc-

tion, but in obedience to direct orders from the Major-General

commanding, this regiment began the advance. It was at once

necessary to change front forward on the left company, and the

movement was made with precision under a heavy artillery fire.

On account of the continued advance of the left company and

284 North Caeolina Tkoops, 1861-'65.

the heavy condition of the soil the right of the line, though at

a double-quick, was delayed in reaching its alignment; the left

companies were halted to give time for the balance of the regi-

ment to reach the line, when the whole command halted, dressed

upon the left, and at the word of command pressed forward to

the attack, marching as on dress-parade, without firing a gun.

In front of the redoubt were five regiments of infantry, sup-

porting a battery of ten pieces of artillery, with clouds of

skirmishers in their advance. The charge of the Fifth North

Carolina on this occasion has rarely been surpassed in the history

of war for its heroism and gallantry. Pressing on from the first

in the face of the battery, entering into the plunging fire of the

infantry, wading into a storm of balls, which first struck the

men in the feet and rose upon their nearer approach, it steadily

pressed on. The Twenty-fourth Virginia had now emerged

from the woods at a point on the left and nearer the enemy,

driving the skirmishers before it. From the thickness of the

woods in their front, the center regiments not having come up,

the Fifth Regiment obliqued to the left to touch its comrade,

the Twenty-fourth Virginia, when all pressed forward, driving

the enemy before them. Not until within close range was the

command "Commence firing" given, when it began to fire and

load as it advanced. The enemy's skirmishers retired, the battery

retreated into the redoubt, with the infantry behind it, and

opened fire again from the intrenchments.

Instances of individual heroism would fill a volume. Themembers of the color-guard were shot down one by one, and as

each man fell the battle flag was passed to the successor. Whenthe last sergeant fell. Captain Benjamin Robinson, of CompanyA, took it and bore it at the head of his company until the staff

was shot to pieces. The officers and men were falling rapidly

under the withering fire of grape and canister and musketry.

Lieutenant-Colonel Badham was shot in the forehead and fell

dead ; Major Sinclair's horse was killed and he was disabled

;

Captain Mullins, of Company C, received his mortal wound andfell upon the field; Captains Garrett and Lea and Jones were

Fifth Regiment. 285

all shot down, as were many of the subalterns, among them

Lieutenant Thomas Snow, of Halifax (who was killed far in

advance of his company, cheering on his men); Lieutenants

Boswell, of Company A; Clark, of Company G; Hays of Com-

pany F.

In fifty yards of the redoubt this regiment, or what was left

of it, reached a small fence and ditch with a slight embankment

next to the enemy. Here it took cover, continuing to fire, the

Twenty-fourth Virginia on its left. Victory was in its grasp,

the enemy had been driven to his intrenchment; one fresh regi-

ment was all that was needed to go over the works, but none

ever came; instead thereof an order to retreat. Too few in

number to continue the attack (at the beginning of the fight

these two regiments did not number a thousand men), in obedi-

ence to orders, the regiment retired to the cover of the woods on

its left, leaving a large majority of the officers and men dead

and wounded on the field.

Lieutenant-Colonel Badham was one of the first men of the

State, a lawyer by profession and a political leader. Had he

lived he would have had all its honors.

It would extend this sketch too much to mention the gallant

boys who here, at the threshold of the conflict, laid down their

lives. Four hundred and fifteen men were counted as they

went into action ; seventy-five answered to the roll-call in the

morning, and nearly all of the missing were either killed or

wounded. General Hancock, who commanded the Federals in

their front, said of the Fifth North Carolina and Twenty-fourth

Virginia: "They should have immortality inscribed on their

banners."

Next morning the Confederate army resumed its march, with-

out further opposition, to the Chickahominy, where was witnessed

an event never before known in war—the election of officers for

all the volunteer regiments from North Carolina and a conse-

quent reorganization, in face of the enemy.

General Early having been seriously wounded while leading

this regiment, the command of the brigade devolved upon Colo-

286 North uaeolina Troops, 1861-65.

nel MacRae, whose feeble physical frame soon succumbed to

severe illness. General, Samuel Garland took command, Major

Sinclair, now promoted to Lieutenant-Colonel, commanding the

regiment. The depleted ranks soon began to fill up with con-

valescents returned from the hospitals, for there had been much

sickness engendered by the exposure in the trenches at York-

town. By the battle at Seven Pines there were more than two

hundred men for duty. Lieutenant MacRae had then been pro-

moted to Captain and Acting Adjutant-General, and Lieutenant

F. J. Haywood became Adjutant. In this battle Colonel Mac-

Rae endeavored to take command, but from sheer weakness was

unable to do so. Under Lieutenant-Colonel Sinclair the regi-

ment, with others of Garland's Brigade and Hill's Division,

drove the enemy from its position, but again at serious loss in

officers and men. One of the killed was Lieutenant Isaac A.

Jones, of Company H, who for a time acted as Ajutant. Young,

enthusiastic, brave, he took his place among the immortals in

the hour of victory.

Through all the series of battles around Richmond this regi-

ment followed the fortunes of Garland's Brigade, with but a

handful left at Malvern Hill. During that very brilliant series

of movements, ending in the utter defeat of Pope by Jackson at

Second Manassas, the division of D. H. Hill remained near

Richmond for its protection, in which time it again replenished

its ranks with the return of those who had recovered from their

wounds and sickness and the assignment of conscripts, many of

whom, though late in joining the army, were first-rate material

and made good soldiers. Lieutenant F. J. Haywood was madeOrdnance Officer on General Garland's staff.

In September, 1862, the regiment marched into Maryland,

stood with Hill in that grand stand at South Mountain which

saved the army, divided as it was in the face of vastly superior

forces, the other half assigned to capture Harper's Ferry, and re-

combined to beat double its number at Sharpsburg. In these

magnificent battles it lost heavily again. Brave Garland fell. Col-

onel MacRae taking command, was himself disabled and soon after

Fifth Regiment. 287

compelled by feeble health to leave the army. General Iverson be-

came brigade commander, and Captain Thomas M. Garrett suc-

ceeded to the colonelcy. The resignation of Lieutenant-Colonel

Sinclair soon followed; Captain John W. Lea was made Lieuten-

ant-Colonel and Captain W. J. Hill Major; Lieutenant Fab. J.

Haywood, who had served upon the staff of General Garland,

became again Adjutant of the regiment. It was now attached to

Bodes' Division, Ewell's Corps, Array of Northern Virginia.

Returning to Virginia, there was to this regiment and brigade

a season of comparative rest in the vicinity of Winchester, and

later on the Opequon, but this period of inactivity was short,

for in December, 1862, after rapid marching, it reached its place

in front of Fredericksburg to meet the advance of Hooker.

Though engaged in the battle of Fredericksburg, its losses were

small, the regiment and brigade not being greatly exposed. But

at Chancellorsville it bore a distinguished part, losing heavily

again in officers and men. All of its field oflBcers were wounded,

and the command of the regiment devolved upon that brave and

capable officer. Captain Speight B. West, under whom it served

through the campaign which led to Gettysburg, where it suf-

fered severely on the first day's fight, its four captains present

—

West, Robinson, Taylor and Jordan—all being wounded, though

two of them, Robinson and Jordan, reported for duty again the

next day. It lay, unable to strike a blow, under a tremendous

fire of artillery and sharp-shooters, during the fatal battle of the

third day at Gettysburg. Its loss at Gettysburg is reported in

the "Records of the Rebellion" at thirty-one killed and one

hundred and twelve wounded. The list of casualties sent with

General Iverson's report cannot be found. A large majority of

the officers were killed or wounded. Adjutant Haywood was

left upon the field severely wounded. From Gettysburg, Iver-

son's Brigade proceeded by forced march to Hagerstown, where

it had a brilliant encounter with the enemy's cavalry, driving

them out of the town. On the return to Virginia it was engag-

ed in all those maneuvers on the Rapidan and Rappahannock

which occupied the fall of 1863.

288 North Carolina Troops, 1861-'65.

In October, at Bristoe Station, under Lieutenant-Colonel Lea,

Colonel Garrett commanding the brigade, it crossed Raccoon

Ford and charged the enemy's battery near Stevensburg, driving

him across the Rapidan. In the report of this engagement,

Captain T. N. Jordan, of Company F; Lieutenant C. E. C. Rid-

dick, commanding Company B, and Corporal A. Overton, of

Company F, are mentioned as having exhibited great courage

and daring. Colonel Garrett's good conduct was especially

mentioned by General Fitzhugh Lee.

At Mine Run, in November, Captain Benjamin Robinson,

Company A, with two corps of sharp-shooters, about seventy-

five strong, drove in the One Hundred and Fifteenth Massa-

chusetts Regiment, killing and capturing a number of them,

including the lieutenant-colonel. Captain Robinson was specially

mentioned by General Johnson and General Rodes, and recom-

mended for promotion.

The regiment remained in winter quarters on the Rapidan

during the winter, and in the early spring was sent to Taylors-

ville, a station on the Richmond, Fredericksburg & Potomac

Railroad, about twenty miles from Richmond, to rest and

recuperate ; but it went to the front at the opening of the cam-

paign in the early days of May, 1864, with full ranks, its field

officers all present, and the spirits of the veteran soldiers good.

By forced marches (going in one day thirty-three miles) it

went from Taylorsville to the Wilderness, reaching the latter on

the afternoon of the last day of the battle, and immediately

went into action as a part of the force with which General Gor-

don turned the right flank of the Federal army. This engage-

ment first brought Gordon before the public eye as a soldier of

eminent capacity. The regiment greatly distinguished itself in

this fight and in the quickly following battle of Spottsylvania.

On the 10th of May the brigade was sent out on a reconnaissance

on the right of the army, where it became engaged with Burn-

side's Corps, and after a stubborn fight was compelled to retire.

In this engagement Captain Robinson and also Captain Davis

were both seriously wounded. On the 11th, with Daniel's

FIFTH EBGIMENT.

1. Eayner Erookfleld, Captain, Co. C. 3. Jacob Brookfleld, Captain, Co. D.

2. L. M. Davis, Captain, Co. K. 4. F. J. Haywood, Jr., Adjutant.

5. Jos. G. Hayes, 1st Lieut., Co. F.

Fifth Eegiment. 289

Brigade, it recaptured a battery which had been taken by a

division of Federals and drove back the Federal troops with

great slaughter. In this fight there was a good deal of bayonet

fighting, and Colonel Garrett was conspicuous for his bravery.

On the 12th came the great battle of Spottsylvania. In the

early morning, before daylight, the brigade was awakened by

sharp firiug and, hurrying to the front, found that the entire

division of General Edward Johnson had been captured, and

that the brigade was expected to fill the gap and arrest the

onward assault of the enemy, which was in great force, being

the corps of General Hancock. This was in the "angle" or

" horse-shoe," as it has been called from its shape, a place made

memorable by the fierceness of the conflict which raged there

all the day. Into the breach the brigade went, the morning fog

being so thick that at ten paces one could not distinguish friend

from foe, and was subjected to an enfilading fire from right and

left. In less than fifteen minutes after going into action five

officers were killed, including Colonel Garrett, shot through the

head, and Lieutenant Edward Smedes, a gallant young officer

from Raleigh. Colonel Garrett was a gallant soldier and had

won for himself an enviable reputation for conspicuous personal

courage and capacity for commanding troops. Many others

were killed and many captured, among the latter being Lieu-

tenant Anderson, of Fayetteville, and Sergeant-major Busbee,

of Raleigh. During the day's battle the regiment bore a con-

spicuous part and maintained its reputation as the "Bloody

Fifth." It carried into the fight about four hundred and fifty,

and at the evening roll-call only forty-two answered. It is said

that in this battle and in the "horse-shoe" the fiercest musketry

fighting of the war occurred. In the War Department at Wash-

ington, among the relics, is a section of the trunk of a whiteoak

tree which was cut down in this fight at the "angle" by minie-

balls alone.

Lieutenant-Colonel John W. Lea now became Colonel of the

Fifth. Major Hill was made Lieutenant-Colonel, and Captain

J. M. Taylor acting as Major, and as part of Johnston's Brigade,

19

290 North Carolina Troops, 1861-'65.

Ramseur's and then Pegram's Division, Ewell's Corps, it went

to the Valley to its old commander. Early, made the brilliant

advance movement across the Potomac, was with Gordon when

he drove Lew Wallace from Monocacy into Baltimore, and for a

second time stood in sight of the Capitol at Washington; but

closer approach was not written in the book of Fate, and Early

turned back into Virginia. Then began the series of reverses, cul-

minating at Fisher's Hill, which called forth all the manhood of

Johnston and his North Carolinians, whose "thin gray line," as

the rearguard of Early's army, held Sheridan in check.

In November, 1864, Colonel Lea was in command of the

brigade and Captain Edward M. Duguid of the regiment. The

winter of 1864-'65 was spent on the banks of the Staunton

River, the regiment being scattered along that stream to guard

the ferries in order to prevent the passage of deserters from Lee's

army. Toward the last of March it was called back to its place

at the front, and took position in the trenches at Petersburg, its

officers and men living in holes in the ground just in rear of the

trenches which they were guarding. There, in repelling attacks

and in sorties from the works, it filled the full measure of its

duty. In the battle of Fort Steadman it bore a gallant part.

When Petersburg was evacuated the regiment constituted part

of the rearguard, and on that sad retreating march from Peters-

burg to Appomattox, when unceasing fighting by day and hurried

marching by night fell to the lot of those brave men who consti-

tuted the shattered remnant of the Army of Northern Virginia, it

bore its full share of the conflicts and held its honorable record

to the bitter end. Examples of sublime personal courage were

of daily occurrence, notable among them being Lieutenant Wal-ter R. Moore, Jr., commanding the sharp-shooters, who was

killed in a skirmish near the town of Farmville. At Appo-mattox it marched through the little town under the fire of a

Federal battery and took its place in line of battle, formed

beyond the town, to charge the Federal batteries which were

opening the battle to the left and front. Awaiting the order to

advance, the firing suddenly ceased and down the road came a

Fifth Regiment. 291

white flag in charge of a Federal oflBcer, soon known to be Gen-

eral Custer. The Army of Northern Virginia had surrendered

!

The history of the Fifth North Carolina Regiment is the

history of the Army of Northern Virginia. It joined this

army at First Manassas and nev^er left it until "bugles sang

truce" and the last charge was arrested at Appomattox, April

9th, 1865. Its history is written in the blood of its officers and

men, the greater part of whom sleep beneath the soil of Virginia,

Maryland and Pennsylvania. Among all the heroic commands

forming the army under Lee, no regiment has a more honorable

record, and at the end, amid the Appomattox hills, a few worn

men, doing their duty to the last, were all that was left of the

old Fifth North Carolina, the regiment which had so early earned

and so long maintained a title to immortality.

Here are the names of those who laid down their arms with

Lee: John W. Lea, Colonel, commanding the brigade; J. M.

Taylor, Captain Company G, commanding the regiment; George

T. Parker, Captain Company H; M. T. Hunt, First Lieuten-

ant Company E; James W. Lea, Second Lieutenant Company

I ; J. N. Pearson, Surgeon ; H. W. Williams, Assistant Surgeon

;

Sergeant-major C. M. Busbee, Musician J. J. Johnston.

CompanyA—Privates Daniel Albertini, David Ayres, Abram

Holder, Jesse Johnston, Retus Jones, William Sanders, Andrew

Watson.

Company B—Sergeant Henry Clay Williams, Private Wil-

liam Smith.

Company C—Sergeant Jesse K. Whitley, Corporal K. J.

Ballard, Privates J. W. Barber, Augustus Corbit, Nasoow

Creech, Josiah Dean, Jonas Faulk, J. B. Honeycutt (Hunnicutt),

J. W. Hines, J. A. Lee, Monroe Lee, Whitley Messer, Abram

O'Neal, Ransom Penny, Thomas H. Sasser, W. H. Smith, W.R. Strickland, Samuel Strickland.

Company D—First Sergeant R. L. Willis, Carporal J. R.

Benson, Corporal Robert Johnston, Privates J. A. Douglas,

William Young, M. A. Kifenic, J. W. Guilford.

Company E—Sergeant W. J. Bond, Corporal G. W. Long,

292 North Carolina Troops, 1861-65.

Corporal John Soott, Privates John Barringer, E. D. Council,

Stephen Daves, Jacob Hartman, Benjamin Herndon, D. A.

Holt, J. W McCenney, W. L. Parker, Frank Parnell, Jacob

Pense, William Williams.

Company F—Privates W. H. Eady, Preston Lane, Thomas

Perry, J. C. Treece.

Company G—Privates W. J. Barringer, A. T. Davis, J. T.

Lamb, Luther Lentz, J. T. Manning, P. J. Pless, W. A. Wil-

liams.

Company H—Privates John D. Brice, Elbert Cross, James

D. Johnson, Tobias Lentz, Nathan Morgan, S. R. Starns, Isaac

Williams.

Company I—Sergeant H. C. Hubbard, Privates Joseph

Beaver, A. G. Cash, Absolom Cress, D. W. Leach, Frank Julian.

James C. MacRab,Raleigh, N. C, C. M. BuSBEE.

April 9, 1900.