During the night a cavalry picket reported that the regiment had been withdrawn. I awoke Longstreet to ascertain if by his orders. "No, but place immediately in arrest the officer who has done so." It proved to be Toombs. He was a great lawyer and a good politician, but in the wrong place when posing as a soldier. He had taken a notion that his regiment was not really needed at the cross-road and the men would be more comfortable with the others in bivouac.
Toombs was therefore put in arrest and the march continued. The next evening on halting it was reported to me that he had followed, as was proper, in rear of his brigade, but had worn his sword, and upon his men going into camp had made them a violent speech. I felt called on to make this known to General Longstreet, whereupon he directed me to order General Toombs back to Gordonsville and confine himself there; also to prefer charges against him on two grounds—withdrawing the regiment from picket duty and breaking his arrest. This was done and Toombs went back to Gordonsville, not many miles away, whence he wrote a short note asking to be released of the charge of breaking arrest, saying he had worn his sword only for convenience and there was nothing improper in his speech to the men. Longstreet always had a decided liking for Toombs, and upon seeing this note he not only withdrew that charge, but the other also and sent him back to duty. Knowing that we should soon be engaged he advised me to be quick about it if I wanted the Georgian to see something of hot work.
An intelligent courier was sent to Toombs with the latest orders, and meantime we were marching forward. He returned; General Toombs was not at Gordonsville. I might well have left the matter there, but it seemed to me that one of our foremost Georgians should have a chance with the army and I sent a second man after him; this time he was found. The situation was explained to him and he was advised to lose no time in joining his men if he desired to be with them in the smoke of battle. And so Toombs came; late, but just in time to be with his brigade in its last victorious charge when everything, as already described, was turned loose.
Toombs stuck to the army through Sharpsburg, where he did good service, and then returned to more congenial fields—politics and oratory. In after years he always showed me much kindness and appreciation for the trouble I had taken to get him back to his brigade for fighting at the Second Manassas.
CHAPTER XI
Battles of South Mountain (Boonsboro Gap) and Sharpsburg (Antietam), Sept. 14th and 17th, 1862
Accident to General Lee—To Longstreet also—Fight at Chantilly—General Kearny killed—Cross the Potomac—Lee's confidential order found by McClellan—Straggling.
When we got back to Virginia and Toombs's resignation had gone in, Longstreet sent for me to say he had, some time before, about August, 1862, recommended me for promotion to brigadier-general. That Toombs's retirement now left a Georgia brigade open and he wanted me to have it and that I must put out for Richmond forthwith and try to work it through by help of my Congressman and other strong friends. I lost no time about this and was soon on the ground. Hartridge, our M. C., did all he could in my behalf; but there was no possible chance while the brigade had four colonels, well known representative Georgia men, ready each for the command. It was given to Colonel, formerly Judge, Benning, and his record in command of it was excellent.