Pension records should be read with a grain of salt. Memories, dates, and events blur over time and then you always have the people that are trying to play the system in order to secure a pension. You have to analysis all the historical evidence to validate information. Humans are human and make mistakes and time, reputations, and prestige does have an impact.

Pensions were not uniform in that they only covered certain conditions. They began in the 1870’s to give a certain amount of money in Georgia for artificial limbs. Overtime they were extended to the indigent only and then it covered certain service related conditions. The rules for widow’s pensions also evolved overtime. Confederate Indigent Pensions were often used as political tools and was used quite effectively as such. Some states were more effective than others. It definitely punished deserters and for those who had questionable accountability of their service time the witnesses were scrutinized more carefully.

Your ancestor, from the evidence that I have seen in his compiled service record, the original documents in his pension file, and the situation, conditions, and circumstances that we have previously discussed, in my opinion, was not retained as a result of the reorganization of the Army of the South under General Joseph E. Johnston, April 8-10, 1865.

Your ancestor could not have surrendered at Smithfield, North Carolina. He could not have been at Kingston, Georgia on May 12, 1865 if he had. He would have been processed as a prisoner of war and started to go through the Federal prison system which would have taken him away from fighting and toward the coast, remember distance equals time. He was dropped from the rolls and he returned home to Forsyth County, Georgia [see Note 1 below]. He was not present as part of the army on April 26, 1865. I believe he was walking well into South Carolina at this point in time.

Lieutenant Banner, 39th Georgia was also dropped from the rolls as a result of the reorganization [see Note 2] and had waited for a week to find a horse to ride and he was still in the area of the army on April 25, 1865. Lieutenant Banner always seemed to have money and was a dentist in civilian life. I believe if a horse was available for purchase he had the means to do so, therefore, I do not believe your ancestor could have ridden a horse if that is the assumption. Banner surrendered to Federal authorities and took the oath of allegiance at Jonesborough, Tennessee on May 13, 1865.

It is possible George W. Ezzard rode the train for a short distance but I am inclined to think not because, once again, if it had been possible then more stories would evident and survived about soldiers taking the train. I can tell you that during this time period the trains were hauling supplies, troops, and casualties attempting to retreat from the advancing Federals. I know of only one train that was dedicated to the army for direct support and it did not go far.

Please follow the timeline and events below:

- Battle of Smithfield, North Carolina, March 31, 1865.
- Consolidation and reorganization of the Army of the South (army included the Army of Tennessee, the Department of North Carolina, Department of South Carolina, and Florida, Cavalry Command), Smithfield, North Carolina, April 8-10, 1865. The army begins moving again in a reaction to Federal advances.
- Johnston’s Surrender at Bennett’s Place (Durham), North Carolina, April 26, 1865. Parole of the forces under General Joseph E. Johnston, May 1, 1865.
- Paroles issued to the men on May 2, 1865. It took eighteen days for the men of the 39th Georgia to walk from Greensboro, North Carolina to the home counties in northwestern Georgia when they left on or about May 2, 1865. Your ancestor was not present to receive a parole because he was not on the Muster Roll of Officers and Men paroled in accordance with the terms of a Military Convention entered into on the 26th day of April 1865, dated High Point, North Carolina, April 27, 1865, paroled Greensboro, North Carolina, May 1, 1865. Banner was not on these rolls either.

From Cumming, Georgia to Kingston, Georgia is about seventy miles which is about a three day human walk. This is assuming that the human average walking speed of three miles per hour (average speed walking for a human), eight hours walking a day, roads or paths are stable, dry weather, etc. A horse at a walk can go about four miles per hour which is assuming the horse is in a good condition for sustained riding, that you can go eight hours for two days, good roads, dry weather, etc. Using the time and events presented, your ancestor would have had to leave North Carolina no later than April 21, 1865 and that is not giving him a day to arrive home and receive any news that he had to go to Kingston, Georgia and report to General Wofford. Realistically, he would have had to leave after April 12th and no later than April 18, 1865.

- Wofford’s (sub-district of North Georgia) Surrender at Kingston, Georgia, May 12, 1865.
- May 20, 1865. The last 39th Georgia soldier arrives home from departing on or about May 2, 1865.

[Note 1.] The company he joined was from Cherokee County as previously noted. He lived with his father in Forsyth County in the 1860 Federal Census. He was twenty-seven and his brother twenty-eight and both school teachers. Cherokee County was a neighboring county so he either moved after the 1860 Federal Census or he just joined the neighboring county company for whatever reason.

[Note 2.] Below is the special order that discharged Lieutenant M.R. Banner, Company I, 39th Georgia.

***************************************************
Hd. Qrs. Army of Tennessee
In the field
April 12, 1865

Special Orders No. 28

II. The following officers not having been selected in the regiments formed by consolidation of their regiments formed by consolidation of their regiments and battalions have been reported to the Adjt & Inst General in accordance with law to be dropped from the rolls.

1st Lieutenant M. R. Banner Co I 39th Ga Regt

By command
of General Johnston
(sgn) Kinloch Falconer
Official
C.H. Phinizy
A.A.A.G.
***************************************************

I hope this helps.

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