Francis Marion Bates (born in Boston in 1835), who died in Melbourne in 1879, is stated, in his obituary, to have been in Virginia at the commencement of the war, and immediately enlisted there, espousing the Confederate cause, and served in the Seven Days campaign, where his actions gained him a promotion. Yet neither of the two you listed above show his having enlisted in Virginia. His obituary includes one or two other factors which seem to preclude any of the current listings for a F. M. Bates who served in the Confederate Army. One other account (in an 1874 Australian newspaper) of our Francis Marion Bates seems to actually indicate that he was an itinerant actor who was in Virginia at the start of the war, and continued acting right through the war. He arrived in Melbourne, from San Francisco, in 1873, with his wife and daughter, and performed as an actor in Australia.