Chapters

Introduction
Thomas R. Livingston

The Thomas R. Livingston Collection consists of three civil law suits related to the estate of the notorious Confederate soldier. These suits include depositions from several of Livingston’s friends and family members. In 1861, Livingston helped organize a regiment for the 8th Division, Missouri State Guard in Jasper County, Missouri. Livingston served as a Colonel in that regiment, which became the 11th Missouri Cavalry. Serving under Colonel Sanford Tablbott, Livingston participated in raids across the Kansas border, attacking several towns including two raids on Humboldt. Livingston’s six month enlistment expired in early 1862, and many of the men from the 11th Missouri Cavalry returned to Jasper County in February. The men found Union militia stationed throughout Southwest Missouri, and a garrisoned presence at Carthage. Many of the men joined Livingston as a band of scouts participating in guerrilla warfare to contest the Union’s control of the region. Livingston enlisted his men in the Provisional Army of the Confederate States, and they were designated as the 1st Battalion Missouri Cavalry (1st Indian Brigade). The group would come to be known as the Cherokee Spikes.1

Although Livingston and his men were many times organized under the Confederate Army, they were commonly called guerrillas, as they operated more like an independent band of outlaws. As a result, not all Confederate officers approved of their illicit activities. One officer stated that some of Livingston’s men were “no better than thieves and robbers.”2 Livingston and his men were a menace in the Ozarks. They waged a multitude of crimes against local residents, refugees and Union troops. Livingston’s men were notorious for committing acts of arson, murder, robbery, and disrupting Union supply lines. They frequently engaged Union patrols inflicting heavy casualties. Union troops were outraged by Livingston’s ruthless tactics, as he often refused to take or release prisoners. Livingston preferred murder over capture, and he was known to shoot unarmed or wounded soldiers at point blank range. As a result, Livingston became a priority target of the Union forces.

About one week ago a Lieut from Cap Robs battery was missing from our camp on the Spavinaw, today a party from My Regt & the Battery found his body about one mile from the old camp five of Livingstons men came upon him while he was in a house & shot him they then threw him down a steep bank first robing him of his boots pants cap & coat leaving him unburied. We have the names of the men who done the cowardly deed & when we get them they will pull hemp sure – I think of taking a weeks trip after this man livingston & his gang of Bushwhackers, I am quite sure with proper plans I can capture or destroy the gang
Albert Ellithorpe, 1st Kansas Infantry, Camp Babcock, Arkansas – Nov 19, 1862

On May 18, 1863, Livingston’s scouts reported sixty soldiers from Colonel James Williams’ African American regiment foraging near Sherwood, Missouri. Livingston led sixty-seven of his “best mounted men” to engage the federal forces.3 Reports indicate between twenty-two and thirty-two African American troops and twenty to twenty-two white artillery men from the 2nd Kansas Battery were at the home of Mrs. Rader. Mrs. Rader’s husband was one of Livingston’s men, and the Federal forces were foraging for supplies in her home. Livingston surprised the Federal troops, and killed many of the men. Livingston reported enemy losses at “negroes, 23, and 7 white men.”4 He captured three white soldiers and two African American soldiers.

The following day Union troops from Kansas assaulted and burned the town of Sherwood and eleven surrounding farm houses. On May 20th, Colonel Williams and Livingston entered negotiations for a prisoner exchange. Livingston offered to exchange the three white soldiers in return for any Confederate men Williams might be holding. “As for the Negros,” Livingston said, “I cannot Reccognise them as Solgers and In consiquence I will hav to hold them as contrabands of war.”5 Colonel Williams accepted the exchange for the white prisoners, but warned Livingston of maltreatment of the African American men.

In regard to the colored men, prisoners, belonging to my Regiment, I have this to say, that it rests with you to treat them as prisoners of war or not but be assured that I shall keep a like number of your men as prisoners untill these colored men are accounted for, and you can safely trust that I shall visit a retributive justice upon them for any injury done them at the hands of the confederate forces, and if twenty days are allowed to pass without hearing of their exchange I shall conclude that they have been murdered by your Soldiers or shared a worse fate by being sent in chains to the slave pens of the South, and they will be presumed to be dead.
James Williams Letter to Thomas R. Livingston – 21 May 1863

The white prisoners were exchanged on May 22nd, but the banter between Williams and Livingston escalated the threat of violence. One of the African American prisoners was killed in Livingston’s camp. Williams demanded the man who committed the murder, and threatened, “If you fail to comply with the demand, and do not within forty eight hours, deliver to me this assassin, Shall hang one of the men who are now prisoners in my camp.”6 Livingston reported the murder as an outsider who had entered his camp, and his men were not responsible. Livingston added, “I am not aware that you have any [men] belonging to my command consequently the innocent will have to suffer for the guilty.”7 At this point, negotiations completely deteriorated, and ended with both parties killing prisoners.8

Livingston and his men attacked the 26th Regiment, Enrolled Missouri Militia at Stockton, Missouri on July 11, 1863. During the engagement Livingston was shot next to the Courthouse, while leading the assault. He fell from his horse, and as Livingston tried to rise several Union soldiers emerged from the courthouse. One of the Union soldiers picked up Livingston’s pistol and struck him with a horrific blow to the head. Several others fired into his body. Livingston’s body was left in streets as both Livingston’s men and Union forces retreated from Stockton.9

At the end of the Civil War, Livingston’s victims from years of suffering and depredation flocked to Jasper County to file their claims against his estate. Livingston had been a successful and prominent business man before the War. He owned a general store, hotel, saloon, real estate in three counties, and actively traded livestock. His assets were sought as restitution for his actions. This collection provides a glimpse into the life of Livingston as a businessman before the War and the suffering he inflicted during the War.

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1. Larry Wood, Other Noted Guerrillas of the Civil War in Missouri (Joplin: Hickory Press, 2007), 41.
2. Wood, Other Noted Guerrillas, 42.
3. Wood, Other Noted Guerrillas, 58.
4. Wood, Other Noted Guerrillas, 59.
5. Thomas R. Livingston, Letter to James Williams. 20 May 1863; p. 8; Regimental Order Book; 79th United States Colored Troop Infantry, 1863-1864; Regimental and Company Books of Civil War Volunteer Union Organizations, compiled 1861-1865; Records of the Adjutant General’s Office, Record Group 94; National Archives Building, Washington, DC.
6. James Williams, Letter to Thomas R. Livingston. 26 May 1863; p. 10; Regimental Order Book; 79th United States Colored Troop Infantry, 1863-1864; Regimental and Company Books of Civil War Volunteer Union Organizations, compiled 1861-1865; Records of the Adjutant General’s Office, Record Group 94; National Archives Building, Washington, DC.
7. Thomas R. Livingston, Letter to James Williams. 27 May 1863; p. 11; Regimental Order Book; 79th United States Colored Troop Infantry, 1863-1864; Regimental and Company Books of Civil War Volunteer Union Organizations, compiled 1861-1865; Records of the Adjutant General’s Office, Record Group 94; National Archives Building, Washington, DC.
8. Wood, Other Noted Guerrillas, 61.
9. Wood, Other Noted Guerrillas, 62.