To obtain a full understanding of the burials and postwar challenges for the Oakland Cemetery I would highly encourage you to read "Headstones of Heroes: The Restoration and History of Confederate Graves in Atlanta's Oakland Cemetery," by Dr. Robert E. Zaworski, Turner Publishing Company, Paducah, Kentucky.

There are approximately 6,900 Confederate soldiers buried in Oakland Cemetery and 3,000 of them are UNKNOWN. The reasons for them being unknown range widely. First, the markers from the war quickly deteriated and were somewhat replaced by 1" X 2" wooden boards which lasted about six months until the termites took their toll. Then comes the issue of the records. The Confederate government did not bury or record the location of the burials. This was done by the cemetery's sexton. The tracking and mystery of the original records of the sexton is thoroughly covered in the book and is several pages long. Here is a couple of paragraphs that would apply to your ancestor died. I have inserted my comments in brackets.

"Early in the war many families would remove the bodies of their loved ones to be taken home to a family cemetery. This would, of course, leave open graves in the previously filled sections which could now be used for spot interments." page 25. [your ancestor could have been placed into one of these locations]

"During the winter of 1863-1864 the recording of burial records without the grave location becomes more prevalent. January through April 1864, shows few locations, all in Section "A." By May, burials were started at the north edge of Section "D". page 25.

The marking of graves has resulted in confusion at present too. I can tell you that there are two grave markers for a single 39th Georgia soldier in different locations in Oakland Cemetery. Take this in consideration, TODAY in Arlington Cemetery we have approximately 6,500 veterans whose burial locations are in question because of poor record keeping! As a soldier and a Lieutenant Colonel in the U.S. Army, I am furious and find it inexcusable that in this day and age we cannot get our collective "crap" together to do something that should not be that hard but of paramount importance for our honored dead and their families.

Private Leander Pyett was 34 years old in July 1860, add three years onto that would have made in approximately 37 years old in January 1864. A married man, thirty-seven years of age, with a twelve, ten, eight, and one year old daughters and six and four year old sons (in 1860 census), that has sent the oldest three girls to school in the last year and has $1,500 in real estate and 1,500 in real property usually doesn't decide to up and enlist one day. He would have come under the Conscription Act effective April 1862 and it is very likely that he was conscripted or "highly" encouraged to volunteer. I have read an account in the regiment that I research where the county sheriff "highly" encouraged people to volunteer by having them look at the business end of a pistol. Your ancestor was likely rounded up with others and took to Dalton and allowed to enlist with an organization from his home county. Officers were often sent back to the home counties to recruit. F.A. Tobey was the company commander for Company A so he may have gone back and recruited him but since he was susceptible to the Conscription Act he would have had the choice of "volunteering" or being conscripted involuntarily.

I hope this helps. Please let me know if you have any questions.

Respectfully,

Gerald D. Hodge, Jr.
M.A. Military History - Civl War Concentration
War Between the States Historian
Research - Preservation
Historian: 39th Georgia Volunteer Infantry Regiment