Death of Elmer Ellsworth

… So he was a common murderer whose victim just happened to be a uniformed soldier?
I think this unexplored aspect of the incident deserves a little attention - Ellsworth and all of his men in the 11th New York were New Yorkers, or were at least enrolled in and belonged to a New York militia regiment and had no connection whatsoever with the Regular Army of the United States. At this point in the "war" it could be argued that by invading another sovereign State, even at the behest of the disavowed Federal Government, this was an illegal or at the very lest an extralegal act since nothing like that had ever happened before.
 
I think this unexplored aspect of the incident deserves a little attention - Ellsworth and all of his men in the 11th New York were New Yorkers, or were at least enrolled in and belonged to a New York militia regiment and had no connection whatsoever with the Regular Army of the United States. At this point in the "war" it could be argued that by invading another sovereign State, even at the behest of the disavowed Federal Government, this was an illegal or at the very lest an extralegal act since nothing like that had ever happened before.

Would this legal logic apply to all 90-day regiments?
 
Would this legal logic apply to all 90-day regiments?
I don't know, and that's one reason I mentioned it - this was a unique situation and although we think we have a definite answer in hindsight, AT THE TIME it was probably controversial to say the least.
 
I think this unexplored aspect of the incident deserves a little attention - Ellsworth and all of his men in the 11th New York were New Yorkers, or were at least enrolled in and belonged to a New York militia regiment and had no connection whatsoever with the Regular Army of the United States. At this point in the "war" it could be argued that by invading another sovereign State, even at the behest of the disavowed Federal Government, this was an illegal or at the very lest an extralegal act since nothing like that had ever happened before.

Pretty fair to interpret that since there was not a regular Army of the US and that the NY Militia did not have jurisdiction in VA, this event was among civilians (even a couple were in a militia uniform of another state.) In other words, Ellsworth & Co were off duty.

Which, interestingly, if this logic holds, Ellsworth cannot be treated as the first fallen in the ACW, since he was off duty.

Just a thought.
 
Pretty fair to interpret that since there was not a regular Army of the US and that the NY Militia did not have jurisdiction in VA, this event was among civilians (even a couple were in a militia uniform of another state.) In other words, Ellsworth & Co were off duty...Which, interestingly, if this logic holds, Ellsworth cannot be treated as the first fallen in the ACW, since he was off duty...Just a thought.

Neither was Jim Jackson an on-duty authorized agent of the Confederate government, so it might seem this event was among civilians, but let's be realistic -- in effect NY militia stole a flag in service of the Union and Jim Jackson murdered in service of the Confederacy. Does a technicality change anything?
 
I know this is a super old thread, but I wanted to set things straight. The flag was removed by Ellsworth because President Lincoln mentioned to him that he would appreciate it if that flag came down when Elmer and his Fire Zouaves went into Alexandria. The end.
 
This has been touched on in previous posts but I wanted to flesh out a whole post on it because I think it provides really important context.

The actions of the 11th New York were one part of a much larger campaign to seize portions of Virginia across the Potomac River from Washington DC.

On a map, what we're looking at is this area:
Screen Shot 2022-01-05 at 6.35.44 PM.png


The citizens of Virginia ratified secession on May 23, 1861. That night, Union soldiers began crossing into Virginia. Winslow Homer sketched the scene as Union soldiers crossed the Long Bridge. It appeared in the June 8, 1861 edition of Harper's Weekly:
1e51cb54133196e8c57abcc1d7d5489a.jpg

Caption: "The advance guard of the grand army of the United States crossing the Long Bridge over the Potomac, at 2 a.m. on May 24, 1861."

Also seized on May 24, 1861 was Arlington House.

The scene was described in the New York Herald on May 25 under the headline,
"THE INSURRECTION. ADVANCE OF THE FEDERAL TROOPS INTO VIRGINIA, WASHINGTON, May 24, 1861". I bolded the references to Ellsworth's men.

There can be no more complaints of inactivity of the government. The forward march movement into Virginia, indicated in my despatches last night, took place at the precise time this morning that I named, but in much more imposing and powerful numbers.

About ten o'clock last night four companies of picked men moved over the Long Bridge, as an advance guard. They were sent to reconnoitre, and if assailed were ordered to signal, when they would have been reinforced by a corps of regular infantry and a battery.

At twelve o'clock Colonel Ellsworth's regiment of Zouaves embarked in steamers from the Navy Yard for Alexandria, and must have reached there about one o'clock this morning. They landed under the cover of the Pawnee's guns. An attack would have been signalized. No attack was made.

At twelve o'clock the infantry regiment, artillery and cavalry corps began to muster and assume marching order. As fast as the several regiments were ready they proceeded to the Long Bridge, those in Washington being directed to take that route.

The troops quartered at Georgetown, the Sixty-ninth, Fifth, Eighth and Twenty-eighth New York regiments, proceeded across what is known as the chain bridge, above the mouth of the Potomac Aqueduct, under the command of General McDowell. They took possession of the heights in that direction.

The imposing scene was at the Long Bridge, where the main body of the troops crossed. Eight thousand infantry, two regular cavalry companies and two sections of Sherman's artillery battalion, consisting of two batteries, were in line this side of the Long Bridge at two o'clock.

The Twelfth (New York) was the first on the ground. The army crossed the bridge in the following order:

— Twelfth regiment, New York.

— Twenty-fifth regiment, New York.

— First regiment, Michigan.

— First, Second, Third and Fourth, New Jersey, in the order named.

— Two regular cavalry corps, of eighty men each, and Sherman's two batteries.

— Next and last came the New York Seventh, the liveliest party, and with more men than any other regiment. They seemed delighted at the idea that they were to have a show at something that looked like service before returning home.

— Following them was a long train of wagons filled with wheelbarrows, shovels, &c.

Altogether there were at least thirteen thousand troops in the advancing army. This includes the Zouaves who went by steamer, the forces that moved from Georgetown, as well as the main body that proceeded over the Long Bridge.

General Mansfield commanded the movement of the troops until the last corps left the district. The first regiment of the main body that crossed the Long Bridge started at twenty minutes past two, and the last corps left the district at about a quarter to four o'clock.

At four o'clock Major General Sandford and staff left Willard's, and proceeded to Virginia to take command of the advancing forces. He informed me that he should establish his headquarters on Arlington Heights, and should take possession of the Arlington mansion.

Two thousand troops, the New York Zouaves and New York Twelfth, are to occupy Alexandria; the remainder the heights by regiments from the chain bridge to Alexandria.

General Mansfield took the greatest care to instruct the troops just before entering the bridge to take the route step-that is, to avoid marching together, as the solid step together might injure the bridge. . . .

The sun of the 24th of May has risen and exposed to our gratifying gaze the Stars and Stripes floating over Alexandria, where the secession flag has been haunting the sight for weeks past. Truly the past has been a great night's work for the Union. Secession is suddenly doomed, and nothing but an ignominious doom awaits the leading traitors in this great wrong against popular government and free institutions.


Ground was broken on May 24 for Forts Runyon and Corcoran in Virginia, the former guarding the Long Bridge and the latter the Aqueduct. The 7th New York State Militia worked on Fort Runyon while the soon-to-be-famous 69th New York built Fort Corcoran.

Major John G. Barnard, heading up the engineers, explained:
As tetes-de-pont to the Long Bridge and Aqueduct, Forts Runyon and Corcoran, the sites of which had been previously reconnoitered under my directions, were commenced at daylight on the morning, of the 24th. The same day a reconnaissance was made in the vicinity of Alexandria by Captain Wright, Engineers (now, Major-General U. S. Volunteers), and Fort Ellsworth, to secure our possession of that city, was commenced.

The only incident of violence on May 24 was the death of Ellsworth.

Source for Image: https://www.civilwarmonitor.com/photo-essays/winslow-homers-civil-war
Source for NY Herald Report and Barnard's Report: nps.gov/parkhistory/online_books/civilwar/hrs1-4.htm
 
That is actually what a shotgun does within about five to ten feet. The shot has not had time to spread very much and the entry appears as a large hole.

That's very interesting. I've fired a shogun a few times and just assumed they instantly spread their projectiles . How where shotguns loaded in the era , paper cartridge.
 
An interesting question. There was probably alot of variability among theatres, regions and circumstances but I assume they did to a large degree. I know for sure paper shotgun cartridges were being used by Forrests command: both buckshot and buck and ball but that is as much as I know. Most Cavalry and Infantry that started with shotguns would go to rifled arms captured from the enemy as soon as they could. By 1864 they seemed to be almost completely gone in Wheeler's Command with most toting Lorenz and Enfield rifles/carbines. Ellsworth was killed by a civilian here and these would have been loaded with separate components as you would when hunting. Maybe very close up as in several feet. Such a sad deal.
 
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