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

Lyman Orton surrounded by Vermont Civil War Hemlocks (Photo courtesy Mary Admasian)

The story of a 155-year-old Civil War painting and its return to Vermont involves a compelling 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.

Lewis A. Grant is believed to be at far left, wearing broad hat and holding sword (Vermont State Curator's Office)

State curator David Schutz provided some context.

“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.

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

South Carolina's monument to Civil War hero Robert Smalls will rival old statues of white supremacists, and his story will be the one that inspires schoolchildren

Basil Watson's rendering of the memorial (Robert Smalls Monument Commission)

The loss of a tree outside the South Carolina State House – whether by chance, or divine intervention – opened a spot for a statue of Civil War hero Robert Smalls, who will stand equal to monuments of white supremacists on the Capitol grounds.

The Robert Smalls Monument Commission, made up mostly of legislators, last week unanimously approved a design and memorial location for the enslaved man who first gained fame for commandeering a Confederate ship in Charleston harbor in March 1862.

Choosing from three finalists, the commission chose a statue that depicts Smalls in a three-piece suit, at the height of his power in Congress.

“This depiction is important because Smalls should be viewed as possessing the same gravitas as historical figures such as Wade Hampton, Ben Tillman, James Byrnes, Strom Thurmond as depicted in monuments on the State House grounds,” said white state Rep. Brandon Cox.

The proposal needs action from a legislative committee and a full vote by the South Carolina General Assembly to become reality. The State Department of Administration and legislators are working to raise private money to build the Smalls monument in Columbia.

No price tag has been determined for the project. As of Tuesday, the commission has received $11,530 in donations, spokesperson Brooke Bailey told the Picket.

Artist Basil Watson of Lawrenceville, Ga., created the approved design.

“(Smalls, left) demonstrated from an early age a spirit of demanding equality, feeling that he was equal and capable,” said Watson, according to the South Carolina Daily Gazette. “I think this was the spirit that he carried throughout his life.”

At the start of the Civil War, Smalls, 23, was a pilot on the steamship CSS Planter. On the morning of May 13, 1862, Smalls led the takeover of the ship by its slave crew, sailed past the harbor's formidable defenses and surrendered the vessel to the Union blockade fleet. His wife and children were among those on board who gained freedom.

Smalls met with President Abraham Lincoln and lobbied him to recruit black men to serve in the Union army. The former slave served as a pilot on the ship USS Crusader.

Brown Memorials of Florence, S.C., submitted this design (Robert Smalls Monument Commission)

Smalls returned to his hometown Beaufort and bought his former master’s home. After the war, he served in South Carolina’s Legislature, was elected to the U.S. House of Representatives and served several terms.

The congressman fought against the disenfranchisement of black voters across the South, according to the American Battlefield Trust.

He also fought against segregation within the military, advocated for compulsory education in South Carolina, opened a school for black children and published a newspaper, among other accomplishments.

As the Post and Courier newspaper pointed out, the monument will be on a 22-acre property in Columbia dominated by Confederate memorials. (Pate Studio design, right, Robert Smalls Monument Commission)

“Confederate Gen. Wade Hampton, who enslaved people, has a statue, as does Benjamin Tillman, the former governor and white supremacist whose brother George used violence and intimidation to rob Smalls of his seat in Congress before his colleagues eventually removed him from office.”

Watson’s design was straightforward, with a single likeness of Smalls, rising above panels on the base describing his service and patriotism.

One panel includes a famous line uttered by Small in 1895:

“My race needs no special defense, for the past history of them in this country proves them to be the equal of any people anywhere. All they need is an equal chance in the battle of life.”

Suggested text for one of the statue's panels (Robert Small Monument Commission)

At last week’s commission meeting, a state senator at first favored the two other designs, which featured two to three statues depicting Smalls during different phases of his life, including his Civil War exploit.

Others disagreed.

Mike Shealy, who chairs the commission, and state Sen. Darrell Jackson, who is black, said Smalls should appear as other statues on the ground. A separate African-American monument on the grounds provides a wider story with more figures, they said.

The African-American monument on the Capitol grounds in Columbia (Library of Congress)

“The simplicity of the statue of one man on a pedestal who is equal to the other people that are memorialized on our State House grounds is the best depiction,” said Shealy.

The commission also released a map showing all the nearly two dozen monuments at the Capitol. Legislators said the location for the monument became after a tree branch fell. Officials later learned the tree was dying.

Black Rep. Jermaine Johnson said Smalls will stand near the visitor entrance to the State House and will provide a powerful reminder to schoolchildren about equal rights.

And, he said, visitors will be able to see the statues of Hampton and “Pitchfork” Ben Tillman (photo right, Wikipedia) from the location -- a reminder that Smalls overcame cruelties of the racist South.

Tillman, an agrarian populist, promulgated violence from groups who opposed Black rights and voting. A Clemson University biography says of him: "While bringing several progressive reforms to the state, he also was at the forefront of the movement to marginalize and disfranchise black Southerners further in the late 19^th and early 20^th centuries." He helped eradicate some reforms championed by Smalls.

According to the Associated Press, despite cries from many to get rid of such memorials, state law requires legislative approval to remove statues of Confederates or white supremacists, or even add language detailing their racist deeds. 

That has been an impossible task in a state dominated by conservative Republicans, according to the AP.

So now a new chapter is being written.

The state that was the first to secede from the United States, and was ruled for generations by white supremacists, will place its first monument to a single African-American individual on its State House grounds.

Click Robert Smalls Monument Commission map below to see where his statue will stand (near the star, on the State House grounds in Columbia.

Forgotten no more: Robert Smalls seized a Confederate ship and led people to freedom. Now, South Carolina will build a monument to the civil rights champion

Gov. Henry McMaster signs Robert Smalls legislation (S.C. governor's office)

As speakers pointed out Thursday at a South Carolina State House bill-signing ceremony, Robert Small’s legacy was not contained to a single act of bravery during the Civil War.

The African-American, born a slave, in March 1862 commandeered a Confederate ship in Charleston Harbor, sailed people to freedom and became a hero to the Union cause. In the 50 years following, he accomplished even more by helping to advance civil rights.

Now the state that was the first to secede from the United States, and was ruled for generations by white supremacists, will place its first monument to a single African-American individual on the Capitol grounds. Gov. Henry McMaster signed a bill setting up a commission that will come up with a design, location and private funding for the Smalls memorial.

 “A monument to honor Robert Smalls would represent the remarkable contributions, achievements, and accomplishments of this forgotten son of South Carolina and would serve as an overdue tribute to the many slaves who sacrificed alongside him,” asserts the legislation.

Smalls’ contributions to the Palmetto State are incalculable.

A Harper's Weekly article on Smalls' daring escape in Charleston (Library of Congress)

At the start of the Civil War, Smalls, 23, was a pilot on the steamship CSS Planter. On the morning of May 13, 1862, Smalls led the takeover of the ship by its slave crew, sailed past the harbor's formidable defenses and surrendered the vessel to the Union blockade fleet. His wife and children were among those on board who gained freedom.

Smalls met with President Abraham Lincoln and lobbied him to recruit black men to serve in the Union army. The former slave served as a pilot on the ship USS Crusader.

Smalls returned to his hometown Beaufort and bought his former master’s home. After the war, he served in South Carolina’s Legislature, was elected to the U.S. House of Representatives and served several terms.

The congressman fought against the disenfranchisement of black voters across the South, according to the American Battlefield Trust. He also fought against segregation within the military, advocated for compulsory education in South Carolina, opened a school for black children and published a newspaper, among other accomplishments.

“My race needs no special defense for the past history of them and this country,” Smalls said. “It proves them to be equal of any people anywhere. All they need is an equal chance in the battle of life.”

After serving as collector of customs duties, he died in his Beaufort home at age 75 in 1915.

Smalls purchased this Beaufort home that belonged to his enslaver (NPS)

The legislative committee has a few months to make key decisions about the monument. It met for the first time on Wednesday.

As the Post and Courier newspaper pointed out, the monument will be on a 22-acre property in Columbia dominated by Confederate memorials.

“A towering obelisk to veterans of the Confederate army sits directly in front of the Statehouse steps. J. Marion Sims, a pioneer of gynecology who experimented on enslaved women without anesthesia, has a statue in a quiet corner of the grounds,” said the newspaper.

“Confederate Gen. Wade Hampton, who enslaved people, has a statue, as does Benjamin Tillman, the former governor and white supremacist whose brother George used violence and intimidation to rob Smalls of his seat in Congress before his colleagues eventually removed him from office.”

Speakers at Thursday’s ceremony talked about how South Carolina has changed, through racial reconciliation and, in the case of the Small bills, bipartisanship. State Sen. Gerald Malloy said the effort showed progress by citizens “building a more just and equitable society.”

Smalls has gained national stature in recent years, with buildings and a US Army vessel named for him.

State Sen. Chip Campsen said Smalls fought in three different arenas as a slave, pilot and statesman.

“His life was best described as a fight for freedom. And he knew that his freedom would only endure through law,” Campsen said, according to The State newspaper.