Brig. General Thomas Tinsley Heath, 5th Ohio Cavalry, Manuscript Archive 

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Jun 12, 2015 - Jun 13, 2015

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• Lot Description
  Archive of over 500 of items collected by Thomas Tinsley Heath of southwestern Ohio, Lieutenant Colonel, then Colonel, of the 5^th Ohio Volunteer Cavalry. The archive spans the pre-war period, at the beginning of his legal career, to after Heath’s death. The pre-war material is primarily legal in nature, as Heath had been admitted to the bar in 1858. After a trip abroad he began practice in Cincinnati with Thomas Ware (Ware & Heath). There is a war-date note (July 31, 1862) to Heath from Thomas Ware, at this point with the City Solicitor’s Office. Although dated during the war, it relates to a pre-war land deed, and is between former partners (before Ware took the Solicitor’s position), so is included here with the earlier material. There is a Bounty Land Certificate for 80 acres for the service of John Ferris of the Ohio Militia in the War of 1812. It is signed by J.E. Heath, Commissioner, likely a relative, though the relationship is unclear. Manuscript and partially printed bank drafts for John H. Piatt and Co. Bankers, dated 1817-1818, are also included. A land deed from 1854 and plat map of “Morris’ Addition” to Worthington, Ohio, planned by Uriah Heath, Thomas’ father accompany the lot.  The material includes printed by-laws of the Worthington, Ohio Masonic Lodge (1857) and a book of certificates with two promissory notes for quarterly payments to Heath, for May and September, 1863 (again, war-date, but related to civilian business).
  
  By far the largest category is the war-dated material. There is virtually every kind of paper used by the Army – pay vouchers, enlistment papers, bounty payments to recruits, muster rolls, discharge notifications, ordnance returns, compensation for loss of horses, general orders, etc. (Heath does not appear to have thrown anything out!) Most of the orders are of the variety “be at HQ at 8am tomorrow with a detail of 150 men with 4 days’ rations….” Or “you will report to headquarters at 10 am tomorrow….” There are the occasional other subjects. One manuscript copy of G.O. No. 4 (Jan. 10, 1863): “Robbery is becoming a common crime in this command. It must cease. Straggling from the ranks while on a march, and from camp while at rest is a fruitful source of this evil. Hereafter when any regt. or detacht. of this Brigade is on a march, the officer in Command of such Regt. or detacht. will ride in the rear of the same.” They were then ordered to report any stragglers to the commanding officer. There are orders pertaining to what needs to be done with confiscated cotton, a subject which is also addressed in the post-war material.
  
  Heath was on recruiting duty in Ohio on a number of occasions. There is at least one receipt in this archive from the Daily and Weekly Cincinnati Gazette for an ad placed in the paper for recruiting. In his position, he was in constant communication with Columbus, both the Ohio adjutant and the Governor. The lot contains at least half a dozen letters from Governor David Tod, many regarding recruiting or officer appointments.
  
  The archive features a large group of papers related to several courts martial, including his own. There apparently were several, but this episode has papers with March and April 1863 dates. And, indeed, one newspaper clipping among the letters quips: “Lieut. Col. Heath is again under arrest for some misconduct, and hence the command devolved upon Major Hayes…” Heath was accused of “advising or persuading a soldier to desert the service of the United States,” in this case his brother William McKendree Heath   and of “conduct unbecoming…” for failure to repay a loan of $133.33 to the sutler, John Zumstein, even though Heath had expressly approved the money to be taken from his pay to give to Zumstein (and apparently never was). In a letter to Governor Tod, Heath writes: “I am pleased to inform you that I was duly tried by Court Marital on the charges preferred against me by Col. Taylor, and was honorably acquitted of every charge and every Specification on the testimony of the witnesses for the prosecution, the Court kindly informing me it was not necessary for me to call a single witness in defence!” Although we have not found the initial cause of the conflict, much of this seems to relate to an issue between Heath and Col. W.H.H. Taylor, whom Heath initially recommended as head of the regiment when it was forming. In the papers relating to the charges against Taylor, Heath charges that he was a poor leader, as he had never informed his officers of their duties, or any changes, etc., dating back to since the time they were in training. There seems to have been a “court martial war” since Heath was cleared in March 1863, but arrested again in April (again with complaints by Taylor). Comments in one letter suggest that Hurlbut has refused to bring other charges against Taylor that were filed by Heath. He goes on to mention that Gen. Hurlbut seemed to retain confidence in Taylor, and that the two were boarding together. Taylor was reassigned by Hurlbut after he was removed from command of the 5^th OVC.
  
  William H. Fagaly served as Sergeant in a 100-day unit, then enlisted in the 5^th OVC in October 1861 as a Captain. He resigned a year later. In one letter Fagaly offers to help with recruiting a new Cavalry regiment in Ohio in late summer to fall of 1862. In a letter dated 3 Mar. 1863 he writes: “I was glad to learn of your victory over that d__d horrid Col. Tayler…” And in June 1863, “I would like to testify against that grand villain Col. Taylor…” Another supporter was Elbridge Ricker, who enlisted at the somewhat more advanced age of 43 years. He apparently became an associate of Heath’s, as a letter sent to Heath in April 1863, shortly after he returned to Ohio after resigning his commission, would suggest. He tells Heath about a conversation with Governor Tod, and tells Heath that Tod is no supporter of Taylor. He also notes that “Harrison and Halsey are the guilty parties,” of what is uncertain to us, but was certainly known to Heath. He goes on to say that he suggested to the Governor that if he had any concern for the regiment, he would not promote Harrison, and Tod agreed to do that. One of the letters in this group is from James C. Harrison, who writes to find out why he was passed over for promotion.
  
  There are other court martial papers and related items. One is the cover sheet that accompanied the resignation of Newton M. Reid, 2^nd Lieut. Co. C to which Heath has added his recommendation: “Respectfully forwarded approved / An unfortunate habit of intoxication has destroyed this officer – He can no longer be relied on – He has repeatedly violated his pledges, and brought reproach and disgrace on his regiment and the service…” Others relate to the court martial of William Owens, who enlisted as 1^st Lieutenant and was promoted to Capt. in April 1863, and for dismissal of Peter Hill, Co. A, for inefficiency. Some of these may have been part of Heath’s “cleaning house” to make the unit “lean and mean.”
  
  A group of over 20 letters from J.L. (John) Miner, another Ohio attorney, are also included. By 1872, Miner was a superior court judge in Cincinnati. A number of letters between Miner and Heath make reference to Heath’s court martial, and Miner volunteers to be a witness if needed. Judge Miner refers to Taylor in some rather uncomplimentary terms.  An Osceolo Minor (Miner?) enlisted in the 5^th OVC, but was discharged for disability in July 1862 (possibly a relative, since spelling is variable in Civil War records).
  
  Just over four dozen letters are from various friends and associates; nine to his wife and at least 20 from his mother, brother and sister. Many of these “personal” letters also relate to the military, as they are requests for a position in field & staff, or other favors (leave of absence, discharges, or information). One letter from a woman asks Heath if he knows where her brother is, since she had not heard from him since he had enlisted (he survived the war).  A letter from A. N. (Alfred) Robinson pleads: “I take this method of sending you a line to beg of you for God’s sake to get me away from here or come out and stay with me. If you are under arrest again as I hear threatened write a letter to Col. Lee to grant me a leave of absence until such times as you can rejoin the Regt. You only can know the studied neglect and indifference with which I am treated here. They seem to wish to totally ignore my presence and this to me is maddening….This you know is my only recourse as they will not recognize me here as an officer.”
  
  There are several items related to Gen. Albert Lindley Lee. Included are several sheets of questions for a deposition, a letter from Heath with A.L. Lee docket on fold, and an ALS with two notes written and signed by Lee.
  
  One letter is from “Bolly” Lewis. Elias Langham Lewis was better known as Colonel “Bolly” Lewis. He was an associate proprietor of the Gibson House in Cincinnati, and surely known by most of the businessmen in town. Lewis is also known for his Fourth of July, 1850, Oration Delivered Before the Conglomerated Mass of Human and Vegetable Slugs, at the Odlin Spring, on Stillwater, Western Ohio. This little burlesque was so popular it was printed, circulated, and read for a number of years at July 4^th gatherings.
  
  An interesting item is a sketch for a memorial for the 5^th OVC along with a cover letter dated 17 Mar. 1864 – before the war was over. The letterhead indicates that the design was produced by Middleton, Strobridge & Co., Lithographers & Engravers. It is a typical design of the period, with panels for members of the unit or battle honors, vignettes of cavalry battles, a woman mourning the loss of a loved one, etc.
  
  There are over 50 letters and orders from after the surrender of the ANV. From general history books the casual reader gets the impression that the armies quit fighting and everyone went home. Not so. The items here show much of what has to happen to “wind down” a war – ordnance and other items (saddles, tack, tents and equipment) have to be turned in and accounted for. The peace often needs to be reinforced. Many of these orders are the same as the wartime orders – “take a detachment of 100 men to some small town to maintain order,” or “your ordnance reports were due yesterday.”  The 5^th Ohio Cavalry, having moved east with Sherman, found itself at the end of the war in the east. It was moved to the Department of Western North Carolina.
  
  The war, however, was far from over. One of the early “post-war” orders is wonderful. “Hd Qrs. Cav. Comd. M.D.M. In the field, N.C. April 26 1865. General. Maj. Genl. Sherman and others will be here at about 10 o’clock A.M. to again open negotiations with Genl. Johnson [sic – Johnston]. The General Commanding would be pleased to see you at his Hd Qrs to accompany the party to the meeting. He also suggests that a bottle of your good whiskey would not come amiss.” [emph. added]
  
  As late as September, there were disturbances. One order from Headquarters, dated Sept. 14 informs Heath that “considerable disturbance exists in Buncombe Madison Yancey and adjoining counties and that numerous conflicts take place between returned soldiers of the Union and Rebel Armies…. The General desires you to take prompt action and remedy the evils complained of without delay.” This is signed by J.A. Campbell, (Schofield’s AAG). Campbell has added a short addition in his hand and signed it a second time.
  
  If it wasn’t returning soldiers, it was citizens and former slaves: “Head Qrs. District of West North Carolina, Salisbury N.C. Sept. 20, 1865. “I have the honor to make a report to you in regard to a riot which occurred at Concord N.C. Sept 21^st 1865. According to your instructions I proceeded to Concord N.C. Sept. 22n with (1) one commissioned officer and (24) twenty four men for the purpose of investigating the case and arresting guilty parties.” He goes on to report the names of those arrested and where they looked for the ones who were missing. “The disturbance was between white citizens and Freedmen. From statements made to me by different [witnesses] I do not consider the Freedmen in fault as what fighting was done by them was done in self-defence.” Signed by J.D. Settler, Capt. 130^th Ind. Vol. Infy. & Pro[vost]. Mar[shall].
  
  There was also the issue of orderly mustering out, and several of these forms address that issue – “July 20, 1865. The muster-out of the 8^th Indiana Cavalry having been completed, the regiment will proceed to Indianapolis Ind. And report to the Chief Mustering Officer of the State for final paper and payment. Q.M. Dept. will furnish transportation for 39 officers and 621 enlisted men.” July 23, the 10^th Ohio Cav. mustered out and headed for Cleveland. The 5^th Ohio Cav. did not muster out until the end of October, and some of her officers, a month later.
  
  After the war Heath built a house in Loveland, Ohio, today a suburb of Cincinnati, but then it would have been a “country home.” The post-war material contains many receipts for building materials, both for his home and for the Methodist Episcopal Church in Loveland, of which he was an active member. Included is a manuscript copy of the chapter on the 5^th OVC that appeared in 1896 in “Ohio in the Civil War.” There is also a typeset copy of the History of the 5^th Ohio Cavalry with page numbers 803-815. Since these are printed on one side of the sheet, it is likely a copy sent to Heath for proofing.
  
  Sometime between Heath’s death and acquisition by the consignor, a relative was interested in philately. Envelopes with different stamps were separated, and some stamps removed. There is a separate envelope with stamps and a few letters with the lot. There are also bundles of blank forms and stationery, envelopes, etc. As noted, Heath threw nothing away.
  
  A view of the second half of the war and immediate late war/early post-war period from the point of a “citizen soldier” who had no military training before the advent of the rebellion.
  
  General Thomas Tinsley Heath (1835-1925) was born in Xenia, OH to Rev. Uriah and Mary Ann Perkins Heath, his father being one of the leading Methodist preachers in the Ohio Conference. Not surprisingly, his father also was an abolitionist and advocate for higher education, being a trustee of both Ohio University and Ohio Wesleyan University. The children read the Bible before entering school. Both parents also had ancestors who served in the Revolution, instilling a spirit of military service in their children. Young Thomas did not, however, follow his father into the ministry, instead being determined to practice law. He later specialized in business, patent and estate law rather than criminal or general practice.
  
  When the news of Fort Sumter reached Heath, he closed his law office in Cincinnati, and petitioned Washington to allow him to recruit three regiments there. Under authority of General Fremont, he recruited, organized and equipped the Fifth Regiment of Ohio Cavalry. Since he had no direct military experience, he refused the colonelcy of the unit, but recommended William Henry Harrison Taylor, a nephew and son-in-law of President Harrison for the post and accepted the Lieutenant Colonelcy for himself. The unit organized at Camp Dick Corwine near Cincinnati; in November 1861 it moved to Camp Dennison (eastern Hamilton County, OH) for training.
  
  After a period of time, Heath tired of recruiting, training and drilling troops and was itching to get into the field. In the spring of 1862, just before the campaign season began, he wrote directly to Secretary of War Stanton telling him that he had 1200 trained and equipped cavalry sitting at Camp Dennison, all of whom enlisted to help the Union. If Stanton didn’t want their help, they would go home. Otherwise, they would like to be sent where they could help. A retained copy of this letter is in the first archive. Stanton reportedly read the appeal to a room full of people, approved the appeal and within two days, Heath and his cavalry were on steamboats headed down the Ohio River (although technically only 1142 strong). About the 16^th of March they landed at Pittsburg Landing, and set out on a night march to destroy a railroad at Iuka. About 300 yards from Shiloh Church, they were attacked by Clanton’s brigade of Alabama Cavalry. They had arrived in time to aid Grant in the battle that took its name from that same church three weeks later, on April 6-7. Col. Taylor became ill, so Lt. Col. Heath led the only cavalry charge made in the battle at Shiloh /Pittsburg Landing. The regiment was under constant fire, directly under Grant’s command. And, even though it was a raw regiment, both Grant and Sherman gave it high marks. The 5^th OVC remained with the army through the siege of Corinth.  Colonel Taylor’s health forced him to be absent much of the time, effectively leaving Heath in command. When Taylor was detailed to court-martial duty in late 1863, Heath decided to reorganize the regiment, weed out incompetent officers and institute discipline and education.
  
  It remained primarily in the Western Theater until it veteranized in spring of 1864. It then joined Sherman on his March to the Sea and through the Carolinas. It was retained through the fall of 1865, mustering out at the end of October. During the military reconstruction Heath appointed justices of the peace, paroled rebel soldiers, and made sure the civilian government was functioning in 57 counties of the Carolinas. Many of the documents in these lots relate to these efforts.
  
  Before the war, Heath was engaged, but postponed the wedding because of hostilities. He did procure a week’s leave in Nov. 1862 to come home and be married to Mary Elizabeth Bagley. He got home once a year during the war, and she was able to visit him on two occasions, then joining him in North Carolina after the surrender. The couple never had children, and she died in 1872. Four years later he was married to Mary Louise Slack of Middletown, Ohio. This union produced four sons and three daughters, although two sons died of diphtheria in 1889. Heath built a home in Loveland, “Miamanon.” He was also active in the Methodist Episcopal Church in Loveland, and many receipts for purchases of building materials are in lots 104 and 105, along with communications with pastors of the church.

  Condition

  Highly variable, as expected. All readable.
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