Evelyn Byrd

by George Cary Eggleston

The verdict was unanimous. Stuart wrote to Arthur Brent:—

Every member of the court is of opinion that your own assurance of the innocence of the gentleman concerned is conclusive. They are all of opinion that he is entirely free and entitled to accept a commission, and that he is not under the slightest obligation to reveal to anybody the unfortunate circumstances that have caused him to hesitate in this matter. It is the further opinion of the court, and I am asked to express it with emphasis, that the course of the gentleman concerned, in refusing to accept a commission upon the point of honour that influenced him to that decision, is in itself a sufficient assurance of his character. Tell him from me that, without at all knowing who he is, I urge and, if I may, I command him to accept the post you offer him, in order that he may render his best services to the cause that we all love.

Arthur Brent hurried this letter to his friend at Wyanoke; but before it arrived, the writer of it, the “Chevalier of the Lost Cause,” had passed from earth. He fell at the Yellow Tavern, at the head of his troopers in one of the tremendous onsets which he knew so well how to lead, before this generous missive—perhaps the last that he ever wrote—fell under the eyes of the man, all unknown to him, whom he thus commanded to accept honour and duty with it.

The fact of Stuart’s death peculiarly embarrassed a man of Kilgariff’s almost boyish sensitiveness.

I feel [he wrote to Arthur Brent] as if I were disobeying Stuart’s commands and disregarding his dying request, in still refusing to reconsider my decision. Yet I feel that I must do so in spite of the decision of your court of honour, in spite of your friendly insistence, in spite of everything. After all, Arthur, a man must be judge in his own case, when his honour is involved. The most that others can do—the most even that a court of honour can do—is to excuse, to pardon, to permit. I could never submit to the humiliation of excuse, of pardon, of permission, however graciously granted. I sincerely wish you could understand me, Arthur. In aid of that, let me state the case. I am a man condemned on an accusation of crime. I am an escaped prisoner, a fugitive from justice. I am innocent. I know that, and you are generous enough to believe it. But the hideous fact of my conviction remains. It seems to me that even upon the award of a court of honour, backed by something like the dying injunction of our gallant cavalier, Stuart, I cannot honourably consent to accept a commission and meet men of stainless reputation upon equal terms, or perhaps even as their superior and commanding officer, without first revealing to each and all of them the ugly facts that stand in the way. Generous they may be; generous they are. But it is not for me to impose myself upon their generosity, or to deceive them by a reserve which I am bound to practise.

I have already sent back a captain’s commission which I had fairly won by that little fight on the hill at Spottsylvania. With you I may be frank enough to say that any sergeant-major doing what I did on that occasion would have been entitled to his captaincy as a matter of right, and not at all as a matter of favour. I had fairly won that commission, yet I returned it to the war department, simply because I could not forget the facts in my case. How much more imperative it is that I should refuse the higher commission which you press upon me, and which I have not won by any conspicuous service! Will you not understand me, my friend? Will you not try to look at this matter from my point of view? So long as I am a condemned criminal, a fugitive from justice, I simply cannot consent to become a commissioned officer entitled by my government’s certification to meet on equal terms men against whom no accusation has been laid.

Let that matter rest here. I shall remain a sergeant-major to the end—an enlisted man, a non-commissioned officer whose captain may send him back to the gun whenever it pleases him to do so, a man who must touch his cap to every officer he meets, a man subject to orders, a man ready for any work of war that may be given him to do. In view of the tedious slowness with which I am recovering from this wound, and the great need I know Captain Pollard has for an executive sergeant, I wrote to him, two weeks ago, resigning my place, and asking him to select some other capable man in my stead. He replied in his generous fashion, absolutely refusing to accept my resignation.

That was Kilgariff’s modest way of putting the matter. What Pollard had actually written was this:—

By your gallantry and your capacity as a hard-fighting soldier, you have won for my battery such honour and distinction as had not come to it from all its previous good conduct. Do you imagine that I am going to lose such a sergeant-major as you are, merely because his honourable wounds temporarily incapacitate him? I had thought to lose you by your richly earned promotion to a rank equal to my own, or superior to it. That promotion you have refused—foolishly, I think—but at any rate you have refused it. You are still my sergeant-major, therefore, and will remain that until you consent to accept a higher place.