1863 hand written contract by which Sam Elder hired Thomas Cavender as a Substitute Soldier to serve in the Confederate Army in his stead
Hamilton County, Tennessee: n/a, 1863.
Document. Document. Folded sheet of paper. 9" x 5". Paper has blue lines and multiple folds. 4 pages with 2 pages of content. Some fading to the ink and light toning to the paper. Chattanooga Tennessee is the seat of Hamilton County. Hand written document transcribed here: "State of Tennessee Hamilton County I Sam Elder of said County and State have this day hired Thomas Cavender as a substitute to serve as a Private in Capt J B Kings company or Capt Lyness? for which I agree to pay the said Cavender one thousand dollars in hand & the other thousand dollars to be paid in three months from this date and to be loned at interest for twelve months, two years is the time of service I have hired the said Thos Cavender now if the said Cavendar serves faithful as a substitute for the time of two years and at the expiration of that time the said Elder to take his place the one thousand dollars that is to be loned if the said Cavender should desert is to come to me the said Elder given under our hands this 30th day of April 1863 attest Wm Caruthers [and] Bob Caruthers [signed] seal S. H. Elder [signed] seal Thos Cavender." Good. Item #36642
A Confederate soldier who paid another person to take his place is often referred to as a "substitute" soldier. During the American Civil War, individuals who were drafted or conscripted into military service had the option to hire a substitute to serve in their place if they could afford it. These substitutes were typically individuals who were either unemployed or seeking financial gain. The practice of hiring substitutes was more prevalent among wealthier individuals who could afford to pay for someone else to take their place in the military.
The Elder family were pioneers in Tennessee. Some of the family settled in Hamilton County. This excerpt is copied from Chattanoogan dot com: "The children of Robert S. Elder included Samuel Houston, Sarah Jane, Minerva Jane ,Robert and James B. Sarah married Thomas Monger, a Unionist who was on the County Court. Minerva married James Clifford Allen, who fought for the Union and was in the Legislature from Bradley County. Samuel H. was on the Confederate side, joining 2nd Co. K of the First CSA Cavalry on Sept. 23, 1862. He married Sarah J. White. Their daughter, Mary A., married Aaron E. Smith. Samuel H. and his brother, Robert, had a "store boat'' that made calls at the various river landings, and they also had a general store at Snow Hill. Samuel H. was postmaster at Long Savannah. He died in 1910 of a heart attack while walking from Avondale to Snow Hill."
A record for Benjamin Franklin Cavendar from Hamilton County was found. However, no mention of Confederates in Hamilton County for Thomas. Although a "Reader's Comment" from the Chattanoogan dot com states this: CAVENDER, Benjamin Franklin Co. B, 1TN Cav. (Carter's) Born 1839 in TN, son of Henry Cavender. Farmer in Ooltewah. [1860 HC Census] Reader Comment; (Henry Cavender by his first wife did have a son named Benjamin S. Cavender, b. ca. 1806 in NC, living in Hamilton in 1850, but d. March 14, 1858, in Dade Co., MO. By his 2nd wife, Henry Cavender had a son named Franklin, b. ca. 1839 in Hamilton Co., TN. However, Henry Cavender relocated with several of his married and unmarried children after the 1860 census, but prior to the War, to Pitman, Randolph Co., AR. In service with nephews in Company A of the 12th Missouri Infantry is Henry's son Francis Marion Cavender, and an F.N.C. Cavender, who I assume may be Henry's son Franklin. I cannot say for certain since there are no enlistment dates on this post, but this Benjamin Cavender may be the son of Henry's son, Thomas Cavender, who remained in Hamilton Co. Thomas' son, Benjamin J. Cavender, was b. ca. 1844 in Hamilton Co. (relocating after the War to Jeffersonville, IN). I would be interested in hearing how the authors pegged this solder as Benjamin Franklin Cavender, as Civil War soldiers database only lists him as Benjamin. I regret I cannot say anything more definitive than to cast some doubts.) Kendall Sparkman.
According to a record found in familysearch dot org: Captain J. B. King, mentioned in the document, was an officer for for Company B of the 1st Regiment, Tennessee Cavalry (Carter's). This regiment was organized in November, 1862, using the 3rd Tennessee Cavalry Battalion as its nucleus. This company was active in the Vicksburg Campaign and was captured July, 1863. By exchanged, it was attached to Waul's Texas Legion, then returned to the regiment. It surrendered with the Army of Tennessee.[1]
The Caruthers individuals who attested this document were not found in a brief internet search. However there are other possible spellings of the name such as CARRUTHERS, CARETHERS, CAROTHERS. Some of the individuals named in the site Chattanoogan dot com were near the Chattanooga area during the Civil War.
Price: $400.00