These Vermont soldiers staved off defeat at Chancellorsville. The return of a 'lost' painting depicting them is a win-win for Green Mountain State, students in Texas

Members of the 4th Vermont Infantry counter a Confederate force (Courtesy Vermont State Curator's Office)

The story of a 155-year-old Civil War painting and its return to Vermont involves an interesting cast of characters, including a rich Texas oilman, a prominent businessman and an intrepid teacher who discovered the whereabouts of the work.

The canvas depicting soldiers in the Chancellorsville Campaign was produced by Medal of Honor recipient Julian Scott, a 3^rd Vermont Infantry fifer and drummer who took up the brush after the war.

Dubbed “The Fourth Vermont Forming Under Fire,” the painting joins four others made by Scott (below) -- all featuring soldiers from the Green Mountain State – on display in the Cedar Creek Reception Room in the State House in Montpelier. The unveiling occurred Oct. 29.

Remarkably, this is the first time “The Fourth Vermont” has been in the state since shortly after its creation.

Lyman Orton, who heads up The Vermont Country Store and is an avid art collector, purchased the work at auction earlier this year for $110,000. Orton has loaned it to the state for a year. Orton was on hand that day with the Vermont Civil War Hemlocks, a reenactment group.

Vermont historians and others enlisted Orton’s help after Champlain Valley Union High School social studies teacher Tyler Alexander learned the University of Houston was planning to sell the painting to create an endowed scholarship.

The painting’s journey involved several parties, so let’s start from the beginning.

Julian Scott was dedicated to showing valor of soldiers

Scott, a native of Johnson, Vt., received the Medal of Honor for helping to rescue wounded men at Lee’s Mill in Virginia while “under a terrific fire of musketry.” The soldier was just 16 during the April 1862 battle.

Scott was known to make battle and camp sketches during the war. He mustered out in 1863, enrolled in art classes, studied in Europe and became a professional artist upon return. He had a keen eye for detail and dramatic depictions of blue-clad Vermonters.

State curator David Schutz provided some context.

Julian Scott is best known for his depiction of the Battle of Cedar Creek (NPS photo)

“His career as a painter took off with an 1869 battle scene, ‘Rear Guard at White Oak Swamp’ which was purchased by the Union League Club of New York City. That in turn led to a commission by the Vermont Legislature for the large painting (‘The First Vermont Brigade at the Battle of Cedar Creek’) and completed four years later, to be hung in the Vermont State House."

The recently acquired painting apparently features the valor of the 4^th Vermont Regiment as it helped counter Confederate Gen. Robert E. Lee’s attempt to wipe out the rest of the Union army as it retreated from the 1863 defeat at Chancellorsville.

The plucky Vermonters protected the 6^th Corps, led by Maj. Gen. John Sedgwick, as it fled across the Rappahannock River at Bank’s Ford, Schutz said.

Click to enlarge text and illustrations (Courtesy Vermont State Curator's Office)

An interpretive panel below the painting says First Vermont Brigade – which included the 4^th Infantry – fought a rearguard action and was the last to cross to safety, “as dawn came to the smoky countryside with artillery striking all around.”

The painting, Alexander and others learned, was commissioned by wealthy New York patent attorney and diplomat Edwin Stoughton to honor his nephews, Charles and Edwin Stoughton, both of whom commanded the 4^th Vermont Regiment. The painting seems to feature brevet Maj. Gen. Lewis A. Grant, commander of the First Vermont Brigade, standing on the left with his drawn saber, according to officials.

Vermonters rallied around plan to buy painting

The painting stayed in the Stoughton family into the 20^th century, said Schutz, adding its provenance is unknown until Texas oilman and cattleman Patrick R. Rutherford bought it for his Houston home in 1983.

A University of Houston spokesperson told the Picket the estate of Rutherford, who died in 2020, donated the “Fourth Vermont” to its Department of History. The aim was for it to be displayed for a time in the department’s office before it could be sold to fund history student scholarships.

The school placed it on auction earlier this year.

Enter Alexander, the school teacher and author.

He was looking for suitable image for the cover of his new book, “If I Can Get Home This Fall: A Story of Love, Loss, and a Cause in the Civil War,” based on letters from Dan Mason, a soldier from the state’s Northeast Kingdom.

Alexander became aware of the painting but apparently no one else in Vermont knew where it was, said Schutz, the state curator.

The University of Houston history department gave Alexander permission to use the image, but told him they planned to sell the original work.

“He alerted us -- and we gathered a group of supporters to come up with a plan that would bring the painting to Vermont,” said Schutz.

That group included Vermont historians Howard Coffin and Kevin Graffagnino. There was no time to secure state funds, so Orton came through with the winning bid.

The businessman is the benefactor of the "For the Love of Vermont" art collection.

Auction proceeds will benefit UH history students

The university had commissioned Simpson Galleries of Houston to sell the work.

Online, the painting was entitled “Vermont Division at Battle of Chancellorsville,” but as Coffin points out, there was no Vermont Division. Instead, the First Vermont Brigade comprised the 2^nd, 3^rd, 4^th, 5^th and 6^th Vermont regiments.

Grant (right), the brigade commander, won plaudits for his leadership in the Peninsula Campaign, Fredericksburg, Gettysburg, Cedar Creek, the Wilderness and Petersburg.

He received the Medal of Honor for “personal gallantry and intrepidity displayed in the management of his brigade at Chancellorsville and in leading it in the assault in which he was wounded” on May 3, 1863.

The University of Houston spokesperson told the Picket gains from auction will be used to create an endowed scholarship, “which means it will benefit students in perpetuity.” The first recipients should receive funds in 2027-28, once the endowment fully vests. 

Prof. Catherine F. Patterson, chair of UH's Department of History, said in a statement: “The University of Houston History Department is pleased that this generous gift will both provide scholarships for our students and return this important painting to Vermont, where it holds ties to the state’s Civil War history.”

The 4th Vermont painting surrounded by others in the State House (Courtesy Vermont State Curator's Office)