Ms. Patton,

You paint a pretty idealistic picture and yes that happened early in the war but the 58th North Carolina was not formed until July 1862 which would have made it full of men that were recruited under the threat of the Conscription Act that was passed by the Confederate Congress in April 1862. The regiment would receive a wave of conscripts in 1863. In addition, the men were recruited from counties that had heavy Union sympathy. In spite what some Lost Cause revisionist like to portray, we were not all a happy Confederacy all marching to the beat of a single drum. Below are three soldiers that I was able to find that were executed. Note the dates of "enlistment." Two of them are very likely conscripts. According to Jeff Weaver on his website, the men executed had heavy Union sympathy and fought against the Confederacy as partisans in North Carolina when not in the ranks. It is also likely why the courts-martial found them guilty and sentenced them to death instead of some other form of punishment such as lashing, humiliation, hard labor, or imprisonment.

AUSTIN, JACOB: Co. E, Enl. on 12/24/63 in Union Co., NC. Deserted on 1/22/64, captured, court-martialed, sentenenced to be executed, shot on 5/4/64.

YOUNGBLOOD, HIRAM: Co. F, Enl. on 8/14/62 at Rutherfordton, NC. Pres. on 10/63 roll. AWOL 2/12/64. Pres. in arrest 4/64 roll. Executed for general court-martial on 5/4/64 at Dalton, GA. Res. McDowell Co.

YOUNTS, E. F.: Co. H, Enl. on 12/16/63 at Athens, GA. Joined from desertion 3/15/64. Executed by sentence of general court-martial on 5/4/64 at Dalton, GA for desertion.

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

Respectfully,

Gerald D. Hodge, Jr.
War Between the States Historian
39th Georgia Volunteer Infantry Regiment
http://39thgavolinfrgt.homestead.com/39thHomepage.html