;

Civil War Blog

A project of PA Historian

Halifax Area Civil War Veterans

Posted By on March 7, 2011

In 1969, Halifax, Dauphin County, Pennsylvania, celebrated 175 years of history by publishing a book, Indian Arrows to Atoms or the Story of Halifax and the Valleys.  In the preface to the book, Halifax Historian Lee B. Noblet wrote the following:

Out of the past came a voice from a wilderness saying “If tall and stately trees like these can grow in this virgin forest, then too can the hearts and souls of men flourish to the glory of God.”  And so, a people were gathered upon the banks of an old river. and into these valleys came a processional march of richness and culture, and soon little towns were born, yes, jewels of the valleys….  I am of the belief that the early settlers and founders of these town came into this untamed wilderness and felled the trees and hewed the logs… that these men were not men of financial wealth… but rather do I believe that they were men of artistic beauty who loved the outdoors, the song of a bird or the murmur of a brook.  surely it was their philosophy to build beautiful towns so that some day there might go out from these valleys and towns young men and women who would contribute to the various Arts and Sciences in Life…. And so as citizens of these valleys it behooves each one of us to take heed to the admonition of the Psalmist of Old, when he said, “I will lift up mine eyes unto the hills, from whence cometh my help, my help cometh from the Lord, who made Heaven and Earth.

The 175th Anniversary book was dedicated to those  “unsung heroes… [who] created a garden of paradise out of a wilderness…” and to the men and women who through the years served their country in the armed forces and especially those who paid the supreme sacrifice, blessed and hallowed be their memory.”  Accordingly, a section of the book was reserved for war veterans.

For the Bicentennial of the Halifax area (1794-1994), a new book was published which built upon the 175th Anniversary Book.  Historian Albert “Abe” C. Lyter reflected on the past history and wondered whether the current generation would

be true watchmen at the gate and cherish the things that made this country what it was through our efforts and see that it continues through diligence and work.  They built their house upon a rock!  Let us repair the ravages of time and cement the cracks in the rock with the mortar of morality and integrity.  We owe our forefathers and acknowledgment of the heritage they left us and we wish that when our turn comes to turn the reins over to those who follow us they will not be ashamed of their heritage.

Like its predecessor, the bicentennial book reserved a section for war veterans which it referred to as “Reveille of the Past.  Esentially, the lists in both books are the same.  Notably, both books have an added section naming veterans who are buried in various Halifax area cemeteries.

The first list is not alphabetical and was probably created from regimental or company lists joined together.  While all of the veterans listed are included in the Civil War Research Project, little is known about them.  By comparing the names in the first list to those in the second list (cemeteries), it is noticed that some names are included in one list but not the other.  The records of the two G.A.R. posts, Halifax and Fisherville, are not available.  The historian’s call, to “cement the cracks in the rock with the mortar of morality and integrity” could not be more appropriately applied here in the effort to find out who these people were and pass that information on to succeeding generations.

CIVIL WAR VETERANS

John Kipple — Peter Sheets — George Geiger — James Ziegler — John Hoke — Isaac Lyter — John Metzer — John Freeburn — Jacob Bowman — Joseph Loudermilk — George Shaddow — George Sweigard — Conrad Zimmerman — Jacob Keener — Henry Shepley — Samuel Hurshberger — David Bobbs — John Shammo — Isaac Brubaker — John Brubaker — Jacob Bower — Samuel Hamilton — G. W. Bottomstone — William Leebrick — Henry Singer — Hugh Urich — Cornelius Waldron — John Pike — Jeremiah Sultzbaugh — Isaiah Enders — Peter Lyter — George Lehr — John Moore — John M’Gann — John Chubb — Joseph Zeigler — George Wilbert — William Lodge — W. J. Hershberger — Joseph Landis — William Taylor — George W. Spies — Daniel Chubb — Hiram Chubb —Jeremiah Chubb — Richard Derr — Jacob Forney — John Fawber — Henry Smith — Philip Witman — Samuel Travitz — Emanuel Umholtz — Monroe Sanders — Isaac Shammo — C. A. Harper — Christian Ettinger — Isaac Hoffman — John Killinger — Samuel Keiter — Joseph M. Keiter — William Lebo — Abraham Lenz — John Lentz — Henry Meckley — Samuel Meckley — Benjamin Remich — John Radiel — William Reinbarger — James Snyder — John Seiler — Daniel Shive — Samuel Sheesley — Daniel Tobias — Jacob Warfel — William Witman — William Yingst — Christ Zimmerman — John Zimmerman — Jacob Zimmerman — Christian Shoop — Gideon Straw — George Jury — David Chubb — Michael Fetterhoff — Alfred Hatfield — Samuel Hiney — Robert Lodge — William Lebo — Hiram Moyer — John Miller Jr. — Ephraim Musser — Samuel Myers — Charles Ryan — George Singer — Francis Shammo — Israil Seiders — John Sweigard — Isaac Sweigard — David Shultz — Michael Sponsler — George Taylor — George Warner — John Rettinger — Isaiah Enders — John Marsh — John Nace — Henry Rutter — Joseph Singer — Geo. C. Stoutsbach — Josiah Welker — Henry Brubaker — George Enders — John Knouff — David Knouff — John Weltmer — George Hayes — David Heiny — A. F. Fairchilds — John Orth — John Seiders — John Trout — Samuel Minnich — Cyrus Lantz — Johnathan Pottiger — William Daugherty — Nathanuel Faber — Abel Fetrow — Joseph Knouff — Charles Kroner — Alex M’Laughlin — Isaac Uhler — Isaac Bowman — C. C. Bender — Godfrey Sammet — James Freeburn — Hiram Brubaker — Hanson Bottomstone — Henry Bowman — Jacob Bowman — Joseph Boyer — Samuel Chubb — Joshuah Ditty — Samuel Enders — William Enders — Charles Geist — John Hamilton — David Hoffman — John Kline — Benjamin Kling — George Keagle — John Lyter — George Lantz — William Loomis — William Meck — Peter Moyer — Luther Pike — Abner Pike — John Proudfoot — W. L. Poffenberger — Daniel Reisch — Samuel Snyder — A. H. Putt — Dr. J. W. Shope — Solomon Bowerman — Charles Reigel — Cornelius Bixler — Val. E. Eisenhower — I. J. Eisenhower — John Bowman — James Kreimer — John Gonder — Charles Hartin — William Sheesley — Joseph Miller — Levi Straw — Benjamin Bowman — William Bowman — Goerge Bohnawitz — James Coover — John Gray — Henry Hoover — F. Asbury Freeburn — J. T. Thompson — Joseph Witman — John Long — George T. Leebrick — John Robson — Luther Witman — Edward Witman — George Rahn — Samuel Pottiger — George Durell — Mathew Taylor — Samuel Nace — William Ensinger — Cornelius Hoke — Leonard Long — Philip Chubb —Charles McFarland — John M’Divitt — George Stoutsberger — Joseph Sheets — Jacob Wambaugh.

The list of CEMETERIES and an indication of Civil War veterans in each.

HALIFAX M. E. CEMETERY: Charles F. Ballou — B. P. Behm — C. C. Bender — Henry Bowman — John S. Bottomstone —Joseph M. Boyer — Hiram Brubaker — John M. Brubaker — Hiram Chubb — Wm. H. Daugherty — Joshua Ditty — George Dressler — George Etter — A. F. Fairchilds —George Geoger —John R. Hamilton — Samuel Hamilton — Cornelius Harper — John Hatfield — Alfred S. Hatfield — R. B. Kepner — John F. Kline — Benjamin Kling —Wm. H. Lebo — George T. Leebrick — John E. Leebrick — George P. Lehr — Wm. Lodge — Joseph Loudermilch —Daniel Lyter — Isaac Lyter — Lemuel Matchett — Charles E. McFarland — John W. Metzger — Henry G. Northamer — George W. Nelson — Abner Pike — John Wesley Pike —Samuel L. Pike —Samuel B. Potteiger —George Rhawn — Charles W. Ryan — Adam Snyder —Joseph M. Smith — J. Theodore Thomson — Cornelius Waldren — Conrad Zimmerman.

FETTERHOFF CEMETERY:  David Chubb — Samuel Ebberly — Nathaniel Enders — Amos Garverick — John J. Gonder — Charles J. Harten — Benjamin Keiter — Samuel Keiter — Samuel M. Keiter — George H. Lantz — John J. McCann — Henry Meckley — Jonathan Potteiger — D. A. Reisch — Wm. Rhineberger — Henry Rissinger — Lafayette Strayer — John C. Zimmerman.

FISHERVILLE (NEW) CEMETERY:  Cornelius Bixler — Benjamin Bowman — George W. Bowman — John E. Bowman — Wm. B. Bowman — Wm. Davidson — Valentine Eisenhower — Peter Herb — John A. Fauber — Isaac Hoffman — John Killiner — Samuel Meckley — James Miller — C. E. Riegle — Elias Scheffler — Benjamin Speece — Wm. Sheesley — Abraham Stence — Daniel Tobias — Wm. Witman.

ST. JACOB’S U. B. CEMETERY:  Jacob Bowers — John Lebo — Jeremiah Sultzbaugh.

UNION CEMETERY:  Solomon Leitzel — Rev. Geo. Shindler — Philip Shoop.

CARSONVILLE CEMETERY: Jacob Engle.

ST. JAMES CEMETERY: Henry Buffington — Joseph Buffington — Michael Etzweiler — Wm. Snyder.

BOWERMAN’S CEMETERY ENTERLINE: Adam Dressler — Daniel Dressler — Michael Engle — Samuel Etzweilwe — John Gemmel — Wm. Hicks — Joseph R. Hoffman — Edward Linehan — John W. Lentz — Alex McLaughlin — John A. Proudfoot — Emanuel Sweigard — Henry E. Welker.

STONE’S CEMETERY: J. B. Coleman — Lorenzo Michael.

MATAMORAS BETHEL UNION CEMETERY: John Chubb — Valentine Eisenhour — Alex B. Manning — Gideon Straw — George W. Snyder.

LONG’S CEMETERY: Alfred Chubb — Benjamin Chubb — Peter Chubb — Samuel H. Chubb — Stephen Chubb — James Cooper — Richard W. Derr — B. F. Eisenhower — Robert E. Eisenhower — Christian Ettein — Peter Hetrick — James Hoffman — George Jury — Jacob Keener — John H. Kipple — David Knouff — Abraham Lantz — John H. Meredith — John Orth — David Peters — Godfrey Sammet — Samuel W. Sheesley — Daniel Shive — Christian Shoop — G. W. Sweigard — Joseph Witman — George Wilver — Joseph Zeiler.

FAIRVIEW CEMETERY ENDERS: William Bixler — Isaac Bowman — William Bowman — Israel Enders — Jacob G. Enders  — Joseph S. Enders — Peter J. Enders — Samuel V. Enders — William H. Enders — John F. Helt — Joseph Keiter — Joseph Knouff — Charles Kreiner — James Kreiner — Peter B. Lyter — Joseph Seiders — Peter Sheetz — Samuel Shoop — Simon Travitz — William Warfel — Henry Wilbert — Daniel Witman — Jacob Zimmerman.

STRAW CEMETERY: George Bonawitz — John Romberger — Christian Zimmerman — Samuel Zimmerman — Samuel Parks.

MILLERS CEMETERY: Cores Paul — Eli Paul — George Snyder — Jacob Snyder.

Anyone with information on these veterans is invited to share it.  While a good number of the above-named individuals are still unidentified, for some of the veterans, a wealth of information has already been collected and preserved.  Comments to this blog can be made in the box below or a separate e-mail can be sent by clicking on the word “Contact” on the black bar at the top of the page.

Information for this post was obtained from the two anniversary books, Indian Arrows to Atoms and the Halifax Bicentennial Book.

Halifax Area and the Civil War

Posted By on March 6, 2011

The Halifax area of Dauphin County, Pennsylvania, consists of the area within the angle (“C’) of the triangular area of study for this Civil War Research Project (see portion of map below).

Essentially, everything south of Millersburg (upper left on the insert map) and Elizabethville (upper right on the insert map) could be considered part of the Halifax area.  Halifax is a borough on the Susquehanna River, but it is also the name of a township.  Around Halifax are Upper Paxton Township, founded in 1729); Halifax Township, founded in 1804; Jackson Township, founded in 1828; Reed Township, founded in 1849; Wayne Township, founded in 1878, essentially from Jefferson Township; and Jefferson Township, founded in 1842.

The mountain road over Peters Mountain, probably just a narrow dirt trail in Civil War days, was the land route that joined the upper part of Dauphin County with the lower part which included Harrisburg, the county seat and state capital.  Early settlers used this trail to move over the mountain rather than going around it where they could encounter hostile Indians along the river.  It was not until the 1920s that the dirt trail which was used by stage, horse and buggy and horseback riders, was replaced with macadam.  Today, coming over the mountain on Peter’s Mountain Road (Route 225) is still an adventure with the hairpin turns, but the spectacular views are well worth the trip.  It is still the preferred short-cut of locals, who would rather “make time” than wind around the road which follows the river (Route 147).  In Halifax Borough, the two roads meet and then separate, Route 147 continuing up the river to Millersburg and beyond and Route 225 cutting across the valley to Elizabethville and beyond.

In a story on the Wiconisco Canal Company, which began by indicating that the Pennsylvania canal system began in 1827, it was noted Clarks Ferry was the southern terminus of a canal that ran across the river and northward.  This branch was called the Susquehanna Division and because there were no railroads at the time, Halifax was an important community and stop along the water and stage routes.  Following the discovery of coal and the development of the coal fields in the Lykens Valley around 1838, a new canal had to be built from Clarks Ferry to Millersburg, as the original one was not satisfactory.  After political difficulties and much state expense, the new canal opened in 1848 with John Roakes as Superintendent.  He remained for 15 years and was replaced during the Civil War by Francis Wenrich.  The names of some of the boats and their captains from Halifax during the Civil War were:  Daisy of Halifax and Charles and Jennie, Capt. G. W. Hochlander; The Columbus of Halifax, Capt. Daniel Loomis; Two Brothers of Halifax, Capt. Josiah Henninger; The G. W. Hochlander,  Capt. William McClelland; Boat Judge Landis, Capt. Alexander Lingle; Boat Lydia Ann Lingle, Capt. Mahlon Griffin.  With the development of the railroad from Sunbury to Harrisburg and thence to Baltimore, the canal became a losing proposition for investors and operators and had to be sold at sheriff’s sale; it was purchased by the Pennsylvania Railroad, but by 1889, it was impossible to navigate.

As previously mentioned, the Northern Central Railroad had completed its Susquehanna River line from Baltimore to Sunbury by 1858, running through Halifax, for a total distance of 138 miles.  This became the primary troop transport route for Union Soldiers from central Pennsylvania who were heading to and from the northern Virginia front and points south during the Civil War.

The Northern Central Railroad chose a hotel at Front and Market Streets in Halifax as their station.  At first, the hotel was known as Marshes Hotel after its owner William Marsh, but later became known as the American House during the time it was owned by William Kline.  During the Civil War, William Marsh operated the Union Hotel.  After the Civil War, when the Pennsylvania Railroad took over the line, a new station was built at the end of Armstrong Street opposite a canal lock.

Civil War Era Train

William Kline was a retired sea captain and no doubt provided the guests at his hotel with many seafaring yarns as entertainment.  During the Civil War, Union army officers set up a makeshift recruiting station under a large maple tree in front of his hotel, which was also the railroad station and ticket office.  The recruits enrolled, boarded the train, and were carried away to Camp Curtin in Harrisburg to be mustered in for their military service.

An 1862 “Business Directory” of Halifax, reveals some of the same names that are found on the Civil War veteran list for that community:  Physicians:  H. O. Witman — W. W. Robins.  Druggist:  John Witman.  Store Keepers:  Samuel Landis — William Reed — James Ferguson — W. Waldron.  Hotel Keepers: John Marsh, Union Hotel — William Kline, American Hotel.  Foundry: A. S. Loomis.  Lime Kilns: W. Lodge — J. Boyer and Brother.  Canal Lock Tender: Joshua Ditty.  Blacksmith: Christian Lyter.  Justice of the Peace: C. Lyter.  Saddler: Joseph Markley.  Stone Mason: Adam Snyder.  Cabinet Makers: Samuel Noblet — D. Brubaker.  Chair Shop: H. Fleagler.  Farmers: J. P. Leebrick — Joseph Brubaker.   Postmaster: James Ferguson.

The oldest secret society in the Halifax area of Upper Dauphin County was the Masons, which was organized by 1808.  By 1828, they had built their own hall and had over forty members, some coming from communities in the heart of the Lykens Valley to the north.  Their influence began to wane and in 1832 they were attacked during one of their meetings by a mob of anti-masons.  Under this pressure they gave up their order.  About the same time, another fraternal organization began to form, the Odd Fellows, who took over the old Masonic Hall.  In 1853, they built their own hall which was in use during the Civil War but after which was sold to the Halifax Bank.  Some men who were members of the Masons during the latter part of their existence, or sons of Masons, can be found on the Civil War military rolls, but more men who were members of the Odd Fellows joined the Union army because they were part of the only fraternal organization in Halifax during the war period.

Prior the the Civil War a group was founded in 1845 called the “Sons of Temperance,” which existed only a short time until about 1850.  They served the community more as a beneficial society than a fraternal order, but some of the former members of this group may have become Civil War soldiers.  Women played a part in the organization of the successor to this organization, “Amity Lodge,” which was founded in 1865, and supported by Emma Carpenter, who served as financial secretary, H. K. Meyers, as secretary, and Annie Bottomstone, as treasurer.

Returning veterans from the Civil War would find no active fraternal organization to join except the Odd Fellows, but a branch of this group, known as the “Eureka Encampment No. 137” was chartered on 20 November 1865.  Not much is known about this group – whether it was composed primarily of veterans, or whether anyone could join.

The final organization of importance to the Civil War was Grand Army of the Republic Post No. 523 (the G.A.R. of Halifax) which was organized 28 June 1886.  It had no post name until the death of Gen. H. W. Slocum in 1894, when the members decided to bestow the honor upon him and they became known as General Slocum Post No. 523.  It is unclear why Gen. Slocum was chosen for this honor, as the Wikipedia entry for him points out his actions at Gettysburg that could have cost the Union the victory.  Perhaps, men who served under him felt differently about his legacy:

Henry Warner Slocum (September 24, 1827 – April 14, 1894), was a Union general during the American Civil War and later served in the United States House of Representatives from New York. During the war, he was one of the youngest major generals in the Army and fought numerous major battles in the Eastern Theater and in Georgia and the Carolinas. Controversy arose from his conduct at the Battle of Gettysburg, where he was accused of indecision and a dilatory advance to the battlefield, earning him the derogatory nickname “Slow Come”.

Gen. H. W. Slocum (1827-1894)

In an article in the Halifax Bicentennial Book on the activities of the Halifax “Old Town Band,” it was mentioned that in the years between 1900 and 1935, the band played at picnics, festivals and street parades:

Of the old citizens of town:  who can forget the Memorial day parades when the Boys of Blue and of the G.A.R. followed the band down the old dusty road of Market Street with the trombones blasting out the strains of music to one of Sousa’s great marches or the rolling of the drums as they entered the cemetery to conduct the services of the day with the strewing of flowers over the graves of their fallen comrades and then the reading of Lincoln’s Gettysburg Address by one of the veterans and finally the sounding of taps.  All this added to the festivities of the day.

For the 175th Anniversary of the Halifax area in 1969, a commemorative history, Indian Arrows to Atoms or the Story of Halifax and the Valleys, was published which included a photograph of the Gen. Slocum Post 523 members.  The photo was reproduced for the 200th anniversary 25 years later, but appears to be copied from the printed edition of the 175th anniversary history.  The original of the photograph has apparently been lost over time, so reliance on the first printed edition is required to determine who the G.A.R. members are in the photo and when the photo is taken, although scans of both version are reproduced below.  If anyone knows more about the picture, contact would be greatly appreciated.

Halifax 200thth Anniversary Book – Photo of G.A.R.

Halifax 175th Anniversary Book – Photo of G.A.R.

Records of all these organizations are hard to find.  A search through newspaper archives of the area could help to re-create the histories that have been lost.

Information for this post was obtained from the two anniversary books, Indian Arrows to Atoms and the Halifax Bicentennial Book.

February 2011 Posts

Posted By on March 5, 2011

A listing of the February 2011 posts on The Civil War Blog with direct links:

Two Years of Grim War

The Decisive Battles

The Cavalry

Forts and Artillery

January 2011 Posts

Pennsylvania Dutch Foods of the Civil War Period

The Navies

Prisons and Hospitals

Soldier Life and the Secret Service

Poetry and Eloquence of Blue and Gray

Armies and Leaders

Lincoln’s Birthday 1861

Pennsylvania Dutch Meals of the Civil War Period

Photographic History – Index to Pennsylvania Regiments

The Gratztown Militia and the Home Guards

Old Stone Church Cemetery in Elizabethville

Pvt. Jonas Swab – Wagon Manufacturer

Knouff Family in the Civil War – Enders and Millersburg

Knouff Family in the Civil War – Pennsylvania Records Error

Knouff Family in the Civil War – John W. Knouff

Sons of Jacob Muench in the Civil War

Gettysburg: The Pennsylvania Memorial

Pvt. Nicholas Adams – 50th Pennsylvania Infantry

Corp. James Cox – 3rd Pennsylvania Cavalry

Capt. Richard Budd – 96th Pennsylvania Infantry

26th Pennsylvania Infantry – Emergency of 1863 – Pennsylvania Memorial at Gettysburg

27th Pennsylvania Infantry – Pennsylvania Memorial at Gettysburg

28th Pennsylvania Infantry – Pennsylvania Memorial at Gettysburg

Abraham Lincoln in Dauphin County

Posted By on March 4, 2011

One hundred fifty years ago, on his way from his home in Springfield, Illinois, to Washington, D.C. for his March 4th inauguration, President-elect Abraham Lincoln made a stop in Harrisburg, Dauphin County, Pennsylvania. Then, as now, Harrisburg was both the county seat and the state capital.

The plan was for Lincoln to remain in Harrisburg overnight, and then proceed to Washington, D.C. via Baltimore on the Northern Central Railroad. But the belief of some that an assassination was planned en route led to a sudden change of plans.  After a number of receptions in his honor on Friday evening, 22 February, Lincoln was secretly hustled out of Harrisburg – some say he was wearing a disguise – and he arrived in Washington at 6:30 the next morning.  To do so, he had to retrace his route to Philadelphia via the Pennsylvania Railroad, be carried through Philadelphia streets secretly by carriage to the Broad and Prime Street train station, and then head south through Baltimore and thence to Washington.  If he traveled through Baltimore quietly in the middle of the night, he would avoid the expected demonstrations against him as well as the possible assassination attempts that were more likely on the Harrisburg to Baltimore route.

Within a short time of this secret journey, news spread as to what had happened.

The following news reports come from the Philadelphia Inquirer of Saturday, 23 February and Monday, 25 February, 1861.

Headlines in the newspaper of 23 February 1861 spoke of the eagerly anticipated arrival of Mr. Lincoln at Harrisburg.

Applause was given when the train from Philadelphia reached Harrisburg at 2:00 P.M.

On behalf of the citizens of Pennsylvania, Gov. Andrew Curtin welcomed the President-elect.

Grateful thanks were given by Lincoln for the warm reception and for the support given by Pennsylvania citizens in the Election of 1860.  Was this welcome a good omen of things to come?  To the Pennsylvania troops gathered there, he assured them that if they had to be used in war, it would be through no fault of his.

On the way from the outdoor welcoming reception to several hotels where receptions were planned, a man called out to Lincoln and he responded:

As they passed along a man exclaimed – “How soon are you going to send us down South?”  Mr. Lincoln replied that there would be no occasion for such a course, but that he was glad to see that there was one ready to act, if the cause of his country should demand him.  At this a number cried out, “we will all go, if you want us.” — Such was the cheering of the crowd that it was impossible to hear more.

Later in the evening, many excited visitors to Harrisburg were still in the city, although some had left on trains going in all directions.  It is not known how many from the Lykens Valley area traveled to Harrisburg to get a glimpse of Mr. Lincoln and take part in the celebrations.  Trains going north stopped in Millersburg and from there some may have connected with the train heading east to Lykens[For rail routes see post on Oak Dale Station].

There was no Sunday edition of the Philadelphia Inquirer in 1861, so the citizens had to wait until Monday to read of Lincoln‘s surprise arrival in Washington, D.C. on Saturday morning.

First, there were the whisperings of many.  Who made the decision to abandon the plans to spend the night in Harrisburg?  What were the rumored plots against Lincoln?

Meanwhile, back in Harrisburg, what was the reaction of the crowds there when they heard Lincoln had departed during the night?  What of Mrs. Lincoln and the children, and the others who were left in Harrisburg?

The arrangements for transferring the ladies from the carriages to the special train at Harrisburg were miserable.

Owing to the parsimony of the Northern Central Railroad, no depot has ever been erected, and Mrs. Lincoln and friends were landed in the street, in the midst of a crowd, and handed on the platform of the cars, only to find the doors locked against them.  Here for some fifteen minutes they were made to stand in the cold, the reporters were found sitting upon the baggage, which was piled up in the street, a large crowd was assembled here, and the excitement was intense.

The way Lincoln left Harrisburg was then discussed.  After being driven from the West Philadelphia depot of the Pennsylvania Railroad to the Broad and Prime Street depot, two sleeping car tickets were purchased for the ride south.

Lincoln arrived in Washington at 6:00 A.M. and was driven to the Williard Hotel, where he took breakfast.  After the long journey from Springfield, he was finally in Washington to prepare for his inauguration.

Information for this post was taken from news clippings from the Philadelphia Inquirer, 23 February 1861 and 25 February 1861, found in the on-line resources of the Free Library of Philadelphia. The West Philadelphia station of the Pennsylvania Railroad was in the approximate location of the 30th Street Station in Philadelphia today.  The Broad and Prime Street station was at the corner of Broad St. and Washington Avenue;  today, it is a vacant lot.

The Fair Use Doctrine and Pictures Found on Find A Grave

Posted By on March 3, 2011

In the first post about the Find A Grave site, a statement was made about those contributors to the site who are very proactive about warning people who use the site about theft of their photographs.  The understanding of these individual is that any one who uses a photograph of theirs, under any conditions and without their express written permission is violating U.S. copyright law.  They are presenting what they believe to be an accurate interpretation of the law.  Apparently, they are not aware of the “Fair Use Doctrine.”

The “Fair Use Doctrine” is found in Title 17, Section 107 of the United States Code, “Limitations on Exclusive Rights.”  It states that:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use) scholarship, or research, is not an infringement of copyright.  In determiing whether the use made of a work in any particular case is a fair use the factors to be considered shall include —

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substiantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The following is  not a legal argument and doesn’t purport to be.  It’s more of a common sense look at this little known part of U.S. copyright law (Section 107) and what a layman might understand it to be.

Theft of someone’s work is a violation of the law.  When someone steals your work, they are claiming credit for its creation, and they either profit from the theft in some way and/or they financially harm the person who created the work.  The onus is on the person who created the work to prove that they created it, that it was stolen from them, and that they were harmed by the theft.  Usually, this takes the form of legal action against the purported thief which is initiated by the person who claims that he or she has been harmed.  In most cases, this involves hiring an attorney, filing papers in a court of law, and then following through with costly litigation.  Thus, it is the court that determines whether there is a violation of copyright, not the individual making the accusation;  the accused is entitled to due process.

If I downloaded a picture from the Find A Grave web site and then re-posted the picture on another site and claimed I took the picture (or owned the rights to it), I believe that I would be violating the copyright laws.  Under academic rules and procedures, this would be called plagiarism.  Under most circumstances, the claim that a work is your own when in fact it was produced or created by someone else, is a violation of the copyright laws.  If I violated the copyright laws, it would still be up to the individual who believes I violated the copyright law to prove it in a court of law.

But, would I be violating the copyright laws if I posted a Find A Grave picture on another site as part of a criticism or review of the Find a Grave site – and I indicated that the picture was not mine, but was from the Find A Grave site?  Would I be violating the copyright laws if I posted the picture on another site as part of a not-for-profit educational study to find out more about the individual represented in the picture – and I indicated clearly that the picture was from the Find A Grave site?

The answer to the first question is most likely “no.”  Criticism and review is a permitted use under Title 17, Section 107 of the United States Code.

Although the answer to the second question is not as clear, the “factors to be considered” come into play.  – and that’s where the policies of the Find A Grave site come into play – and, to some extent, the statements made by the persons who claim to be the owners of the pictures in question as well as the nature of the site itself.

The Find A Grave site as a whole claims that more than 57 million graves are registered, that written and pictorial memorials are posted, and genealogical and historical information is made readily available to those who visit the site.  New memorials are posted each day.  Volunteers contribute their time to maintaining the records (or memorials) and upload information.  Find A Grave does not claim to own the information or pictures presented.  The persons submitting information and pictures are not required to indicate the sources of the information or pictures.   All Find A Grave memorials require information, but a supplementary (or optional) component is the grave marker photo.  Few, if any of the 57 million records contain original information, created or discovered for the first time by the individual doing the posting.  Information is often copied from the grave marker and is publicly available in cemetery lists or on the stones themselves.  The pictures, where provided, are for the most part not unique in that they are simple camera shots of grave markers – grave markers that are publicly displayed in public cemeteries.  One hundred pictures of grave stone taken at different times will essentially look the same (showing little uniqueness) and will be difficult to distinguish from each other.  A picture is never posted without basic information.  And, the information and the picture make up the memorial.

Find A Grave provides space for contributors to post a biographic sketch about themselves.  It is in the biographical sketches that the contributors make statements about the use of their work.  The fact that each contributor is permitted to express his/her own interpretation of the copyright laws, or present “rules” for the use of what is claimed to be copyrighted works, helps to create the confusion about what is permitted and what is not permitted.

I will refer to one contributor to the Find A Grave web site and quote his profile statement.  The volunteer is known as GulfportBob and he has been submitting information and pictures for nearly five years:

I add interments when I find them, if they are from your family, I want to transfer them to you because you have more information than I do.

If you are maintaining a section of military information elsewhere, I want you to maintain the memorial sites too. Again you have more info than I do.

All my photos are freely available to all persons to use in a respectful manner.
I am 71 years old. I have retired from the United States Navy.

I only use my electric bicycle and public transportation. I am living at the Armed Forces Retirement Home, Gulfport, Mississippi. And am currently in Thailand and will photographing in this area.

I am also happy to say that I have photographed every grave site at the US Soldiers’ and Airmen’s Home National Cemetery and the Battleground National Cemetery both in Washington, D.C.I have also Posted every grave site at St. Elizabeth’s Hospital (West Campus).

GulfportBob

Gulfport Bob is an example of the finest of the contributors to Find A Grave.  He has contributed nearly 17,000 photos for which he is not asking for money  – and he is granting permission for anyone to use his photos in a respectful manner.  A “respectful manner” would include not claiming the photos as your own when you use them – and attributing them to the Find A Grave site where anyone seeking the complete information as to the source can easily find it.  GulfportBob posted the grave picture of the Civil War soldier John Saltzer who died during the Civil War and was buried in the Soldiers and Sailors Cemetery (see post from two days ago).

Examples of those who do not give permission for re-posting of their photos can easily be found.  They are often the whiners and “experts” on the copyright laws who have been mentioned in these postings.  Sometimes they disrespectfully “brand” their pictures with their e-mail addresses or copyright notices and warnings.  I will not single out any of them in this post.

The next example is from a specific Find A Grave memorial:

The picture was posted, apparently contrary to Find A Grave rules, without permission from “the owner of the copyright.”  The original digital photograph of the hand colored photograph can found on the Ancestry.com site:

I created the above hand colored photograph from an enlargement of a pre-1898 photo.  It was created in the late 1970s.  There is only one copy of this original work and it is hanging on my wall in my home.  The picture is of my great-grandmother “Lizzie” Riegle” who I never met.  I also have hand colored pictures of “Lizzie’s” parents – Harrison Riegle, a Civil War veteran from Lykens Township, Dauphin County, Pennsylvania and Hannah [Rickert] Riegle – also unique and also hanging on a wall in my home.  According to the rules of the Ancestry.com site, anyone can add the above picture to their family tree (it was posted as a public picture) and the credit is retained with the picture.  However, there is no indication on the Ancestry.com site that anyone from Ancestry.com has added this picture to their tree.  The picture of “Lizzie” was added to the Find A Grave memorial with the source not indicated and when it was added, the person who added it did not indicate that he/she had permission to re-post it or publish it.  Likewise with the grave marker photo – also similar to the one taken by me in the Gratz Union Cemetery and also posted on Ancestry.com.

The point I want to make about all this is that I have no objection to the use of my work although I have not implicitly stated that in the Ancestry.com posting.  When I posted the picture on Ancestry.com, I assumed that at some point someone would “lift” (steal) it and use it as their own.  What recourse do I have?  I can ask the poster to remove it, but what good would that do?  I can hire an attorney and file suit against the person or the site (at my expense), but I would have to prove I have suffered a loss.  It’s only a digital scan of an original work.  And, how much have I lost by having the picture posted on Find A Grave?  Probably nothing.   Likewise with the picture of the grave marker.  The picture is either the same one that I took – or one so similar that it would be difficult to distinguish mine from the one posted on Find A Grave.  Someone who wants to post a memorial to my great-grandmother can do so – so long as there is accurate information in the memorial about her.

Find A Grave cannot police all the volunteers and contributors on its site, nor can it check on every picture posted on its site.

By calling a posting a “memorial” and having that memorial consist of information and a picture, re-posting of a Find A Grave picture is the re-posting of a part of a memorial.  And if someone claims to have posted hundreds or thousands of pictures as part of their total work and the pictures in themselves are not unique and they have done so as a volunteer, the re-posting of one or even hundreds of non-unique pictures (out of 57 million total memorials) seems to fall within the “fair use doctrine” of the U.S. copyright laws – provided, of course, that the attribution or credit is given to the “total work,” which is the site, Find A Grave – and the re-posting is done to further knowledge and for non-profit purposes. And, since Find A Grave cannot guarantee that the poster of the material holds the “copyright” on the material, the re-poster need only cite the Find A Grave site as the origin of the material.  If material were posted on a site owned by an individual and the material were said to be copyrighted or created by an individual, then the interpretation of the law might be different.

The Internet has created all sorts of situations with copyright that were not previously imaginable.  The very nature of the Internet is that it is a free an open exchange of information and ideas.  Copies of copies of copies can fly through cyberspace in an instant.  If someone has taken a photograph and posts it on a site on the Internet, they should expect that someone else will use it.  While they should expect that anyone using it will attribute it to the site where it was taken from, they should understand that once it is posted, they lose control of their work.  My “copyrighted” digital picture of a hand colored picture of my great-grandmother can now be attributed to Find A Grave – or to the person who posted it, rather than to me, the person who created it.  I understood that by posting it.

Most genealogical publishing is done as a labor of love with no profit intended or expected.  The writers and researchers of family history need to be able to “quote” material and cite sources.  Scholarship and research cannot be hindered by narrow interpretations of copyright laws.  In a democratic society, the “Fair Use Doctrine” protects scholars and researchers, promotes the exchange of ideas, and leads to new discoveries.

Simple advise:  (1) Post only what you want others to use.  (2) If you re-post, attribute the item to the place where you found it.  (3) Be sure that the re-post falls under the “factors to be considered” clauses of Section 107 of the U.S. copyright laws.

As a registry of grave sites, Find A Grave is an excellent resource for genealogical research.  Most of its volunteers understand that once their material is uploaded, they could lose control over ownership of that material.  “Fair Use” permits researchers to use or “quote” from whatever is upload to the Find A Grave site and “rules” of citation, require the researcher to cite the source from which he/she got the material.  The site managers at Find A Grave should ask their volunteer contributors to remove the threatening, inappropriate, and inaccurate comments from the biographical profiles and they should inform them of the “Fair Use Doctrine” as well as the realities of the Internet.

Comments and suggestions are welcomed.