This photo has been re-labeled a number of times over the decades. It was once labeled as an artilleryman assumed due to the presence of the artillery gun rammer-sponge laying nearby.
Also the superficial observation that the subject in the foreground is wearing "US" leathers. Hense may have also been initially thought to be a Union Soldier. More detailed examine of it will show the subject is wearing a Confederate imported Tait jacket, and several other tell-tale confederate features in the gear present on him, besides the use of captured Federal cartridge box. The subject laying in the background has also been of debate. Obviously wearing civilian clothing. There are several other photos of the same scene, but most of them focus on the subject in the foreground from different angles.

Frederick