Reconsidering an Iconic Civil War Photograph

Last week it was announced that one of the most iconic photographs from the Civil War era has been misidentified. I don’t mind admitting that I found this news to be a slightly jarring experience. The photograph of Confederate soldiers in Frederick, Maryland transports us back to September 1862, we believed, just days before the battle of Antietam. These Confederate soldiers survived the brutal fighting around Richmond and at Second Manassas before entering United States territory for a showdown with the Union army that might bring an end to the war and independence. 

Looking at this photograph we know what awaited these men. At least we thought we knew.

Paul Bolcik and Erik Davis have discovered that the photograph was, in fact, taken in July 1864 as part of an invading force under the command of Confederate General Jubal Early. Rather than marching west out of Frederick in 1862, these soldiers were headed east to threaten Washington, D.C.

So many of our photographs of Confederates from the Eastern Theater in 1864 are set in the earthworks around Petersburg, Virginia. We don’t have many visual reminders of a defiant and threatening Army of Northern Virginia. But these men appear to be well armed and clothed. No one appears to be marching without shoes and if you look closely these men appear to be marching with confidence.

This is not the army that Lost Cause writers portrayed in the post-Gettysburg phase of the war.

It would be easy to exaggerate the threat that Early’s invading force posed to the defenses of the nation’s capital. We know that it would ultimately prove unsuccessful, but our understanding of this photograph is a reminder that the war was far from over. Lincoln himself doubted that he would be re-elected. The trajectory of a war that now included emancipation on the table could still be lost.

An independent nation committed to the extension of slavery in the western hemisphere was still possible.

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17 comments… add one
  • Michael Mewshaw Sep 17, 2022 @ 18:06

    I stand corrected. But even if it was taken in 1864 it is still a rare photo. Regardless if they were headed to Sharpsburg or Washington DC. . I wish someone would write a book on this. I like to know if it’s a ambrotype, deagrotype or tintype and who owns it. I guess the Frederick historical society has it. But I still like to see a book written on the photo .It will always be my favorite photograph from American Civilwar.

    • Erik Davis Oct 2, 2022 @ 15:53

      Hi Michael,

      The actual photo in question is held at Heritage Frederick. After it’s inaugural publication in April 1965 in Civil War Times, it was most likely donated by the Rosentock family after Benjamin Rosenstock’s death in 1979.

      It is a copy photo (~1930 by Edmonston Studio) of the actual paper print ambrotype originally taken by a photographer from the 3rd story, south facing, side widow of the Byerly Studio at 29 N Market St.

      The photo was taken July 9th, 1864 of a Confederate regiment during the ransom of the City of Frederick. The troops are most certainly part of Echol’s division who were assigned the task of guarding Early’s supply train. Their presence that day was recorded in a July 20th, 1864 edition of the Frederick Examiner newspaper.

      Although a book has not yet been written, an extensive 20-page journal article was published in April 2018 and is available on the Center for Civil War Photography (CCWP) website.

  • Michael Mewshaw Jun 30, 2019 @ 19:53

    If they were in town their direction was no where near going towards Monocacy. This photo was definitely in 1862 of September.

    • Paul Bolcik Jul 2, 2019 @ 6:32

      Hi Michael Mewshaw, Please re read all my previous comments listed. I can give you ten reasons why the photo was taken on July 9, 1864 and zero reasons why the photo was affected in Sept. 1862. There is zero evidence that Confederate Inf. with full marching loads, would have been facing that direction, (south) in that spot, (below Byerly’s photographic third floor studio) at any time, in Sept. 1862 (Sept. 6 – 11, 1862)
      The wooden awning seen in the photo (right hand side of the photo) served as the entrance of Dr. Nelson’s dentist rooms. His practice opened for the first time, in Jan. 1863. It is highly unlikely that the wooden awning support structure would have been there in Sept. 1862. The wooden awning structures where constructed in front of businesses and almost never in front of private homes in the 1860s era in Frederick. The owners of businesses placed the canvas on top of the awnings as soon as the store opened in the morning and removed them when the sun set at night. It functioned along the lines of a modern “neon” sign that you plug in (with an electrical cord) to inform the public that your business is “open”. This is why the private homes had no awning structures in front of them, because they did not want the public to make the mistake of thinking that they where a business. The Building that housed Dr. Nelson’s dental rooms was constructed in 1860 and there is no evidence that the third floor was completed then (1860) probably completed in late 1862? So there would have been no other businesses (third floor) there before Jan. 1863. The lower floors where not businesses in 1862 – 1864
      Gen. Jubal Early had sent most of his Cavalry away from his main force on the afternoon of July 7th and the morning of July 8th. His Inf. division of John C. Breckenridge, (now under the command Brig. Gen. Johnny Echol’s) had the job on the morning of July 9th 1864 of searching the entire city for the $ banks, stores, depot’s , etc. They marched thru town like an Octopus with many arms, looking for every thing of use, (to the Confederate cause) in any direction. When Gen. Jubal Early decided on a battle plan at about 8:30 AM. to send two Inf. divisions south of town to strike the Union forces, he now directed Gen. Echol’s division to exit the city by marching south stacked up behind Gen. John B. Gordon’s division. What you see in the “famous Confederate Frederick photo” is John Echol’s division waiting in a temporary traffic jam back up, to march south down S. Market street, (just ahead).
      There is also zero evidence that the Confederates in the famous Frederick photo have any bayonets. By 1864 most of Lee’s army discarded the bayonets. Why? Because the official Union army Surgeons records from the “war of the rebellion” state that less than 1 in ten thousand wounds examined by Union army surgeons during the war where caused by swords or bayonets. Thousands of civil war soldiers surrendered during the war, in numerous battles, (on both sides). It is highly unlikely that any civil war soldiers had ever even seen an enemy combatant slain by a bayonet thrust, (unless the guy was already on the ground from a bullet wound, and someone decided to finish him off for good). Sincerely, Paul Bolcik

  • Paul Bolcik Apr 19, 2019 @ 12:53

    Hi Ed, I am very glad for your reply, Erik Davis and I do want to talk with you. Erik lives in Frederick, Md. his cell # is; 240 671-9965. I live in Rockville, Md. my H. # is; 301 424 -4658 and my e mail is;
    What we think happened, is something along these lines, about year 1929 to 1930? Ben Rosenstock (who was born in 1902) somehow learns that a guy in Frederick named Albert S. Brown (1863-1937) Has a paper print photograph with the J.Rosenstock wooden sign in the photograph. There happens to be Confederate soldiers marching below the tall sign, (depicted in the photograph in front of his Grandfather Joseph’s store). How Ben found out that Lawyer Albert S.Brown had this photo and two of Union troops in Frederick is not known. We know that about year 1930 the Edmonston photographic studio in Frederick, (1925 -1934) makes at least two paper photo copy prints of the famous Confederate photo. The Rosenstock family must have donated one of the prints to the Frederick Historical Society, (but who donated the one print and when is un -known). The Edmonston studio made in 1930 only one copy each of the Union troop photo’s. These 4 prints (believed to be two copies of the Confederates and two of Union troops, one each) where delivered to Ben Rosenstock about 1930. Albert S.Brown was very kind to let Ben Rosenstock borrow the originals and have the Edmonston studio make the photo copies.
    Sadly in January 1937 Albert S. Brown of Frederick, dies of a heart attack (he lingered on in a Baltimore hospital for about a day and a half more). Upon Albert’s death, the original 1860s three civil war paper print photographs go missing. He was the last guy with information about them. He had only one daughter who died alone, on June 10, 1968 in northern Virginia (Mrs. Mildred Brown Lefferts).
    We (The Civil War geek population) must be thankful that Ben Rosenstock had the Edmonston firm make copy photographs, (otherwise, the artifacts would have vanished with out a trace that they ever existed).
    The original paper print photograph that Albert S. Brown owned of the Confederate image was in poor shape by 1930 when it was re photographed. It had ink lines someone drew on it, eliminating one of the soldiers faces. It probably had water damage and mold stains also?
    The other sad part about this story also, is that the Byerly photographic firm has no idea that this out of focus shot that they obtained, will become a future legend. To them it was probably a dis a pointing discard? Since the operation was an on the spot rush job, they used a portrait studio lens instead of a landscape lens, because there was no time to swap out lenses. The chemical bath may have not been very well mixed either? Then, after the fact, there is no marketing of the photo, who in a city of Unionist’s want’s to purchase an out of focus image of the bank robbers? They probably made very few paper prints of the Confederate photo, and they probably washed the glass negative clean for re use, to take some Frederick civilians portrait studio photo?
    Anyway, yes Ed, please contact us, as you may have some vital information that we wish to know about. Thank you for your reply.

  • Paul Bolcik Jul 24, 2018 @ 20:53

    Indeed the photograph was affected July 9, 1864. It must be understood that the two photographic studios in Frederick Md. where owned by “Union men”. They where in all probability closed the entire week of Sept. 6, thru 12th 1862. Otherwise there would be hundreds of Confederate cdv’s, ambrotypes, and tintypes of Confederates with a Byerly backmark or a J.R. Markin backmark. Nothing like that exist’s! At no time during daylight hours in Sept. 1862 would there have been any Rebel infantry marching in formation
    facing the direction that the troops are facing, and in the spot the troops are standing and squating in. A dark spot on the cobblestones underneath the word “good” on Rosenstock’s sign, most likely indicates rain that fell on the night of July 8 -9th 1864. Rain fell on Sept. 1st 1862 , but then it was clear and warm sunny day’s until a little sprinkle fell about 10 am. on Sept 11, 1862 when D.H. Hill’s guys moved out of town (but they did not pass by the spot the photo was affected) . What you see in the photo is a traffic jam, and Gen. T. J. Jackson had Gen. A.P. Hill arrested on Sept. 4th 1862 because his troops where stuck in a similar traffic jam. Jackson would have blown a head gasket if his troops where stuck in a traffic jam on the morning of Sept. 10, 1862, and not west of town by the time Longstreet’s men entered town about 7 AM. The traffic jam took place about 9 AM. July 9th 1864 when Jubal Early’s col’s. where headed south. From the west about 8 AM. his wagon train entered Frederick, trapping Breckenridge’s guy’s behind and all wanting to move south. The Byerly’s where most likely in the studio then trying to remove the camera’s and other gear, less all of Frederick city is put to the torch and their lively hood goes up in flames. The photograph is an on the spot complete rush job, a total discard. After the fact, no one in town want’s to purchase an out of focus photo of the bank robbers. A one of a kind long forgotten discard.

    • Ed Nolan Mar 4, 2019 @ 17:22

      Mr. Bolcik,
      Thank you for your and Mr. Davis research. I was married to Susan Rosenstock. She was the great granddaughter of Joseph. Her Aunt Adelaide always commented that the store was on Market Street. She was the granddaughter of Joseph. How did you discover the Ben Rosenstock connection? He was my father-in-law. I knew that the 3 photographs hung in his office, and that they were not originals.

  • Ryan A Jul 10, 2018 @ 13:43

    Additional thoughts – echoing Bryan’s comments, the frock coat would certainly have been more prevalent in 1862 than 1864, but that being said, we also see several frocks in the famous photo of rebels captured at Five Forks in April, 1865, along with plenty of the men still sporting knapsacks. This alone doesn’t exclude the possibility of frocks in 1864.

    What may make a difference however, is the fact that by mid 1864, it is pretty well documented that the ANV was uniformed heavily, perhaps nearly exclusively, in English imported blue-gray kersey, which was very dark in color and would have been quite visible in photographs – these are easily spotted in the pictures of dead Confederates at Spotsylvania and Petersburg. If this is an 1864 photo, it’s likely that a large portion of the men would be wearing Richmond Depot shell jackets in this dark colored kersey, as well as plenty of them sporting trousers made of the same material. A few of these guys seem to be wearing darker coats but not the proportions that would make sense given the time frame we’re talking about. It seems that these coats would have become the nearly universal issue by mid 1864, meaning any man not wearing a kersey coat at that time would have had to be wearing a very worn out older issue shell jacket, probably issued prior to Gettysburg.

    Again, nothing substantial to swing it either way but a very interesting possibility.

  • Bryan Cheeseboro Jun 29, 2018 @ 12:33

    Because of my interest in 1864, particularly the Shenandoah Valley Campaign and the battles of Monocacy and Fort Stevens, I’d be delighted to know that this photograph is really from 1864 and not 1862, as it has been thought of for so long. But I think there is still a strong case for 1862. As a friend pointed out to me, several of the soldiers in the photo are wearing frock coats. This was the single breasted coat coat with 9-buttons. And by the way, frock coat was not a military term; rather it was a style of coat worn by civilian and military men. Also, the Confederacy intended for the frock coat to be the standard issue uniform of the Confederate soldier (like it was in the Union army). But a shortage of supplies prohibited that. As a result, Confederate soldiers settled for waist-length jackets. The point here is, by 1864, few Confederate soldiers had access to frock coats. It’s more likely they still had them in 1862. But whenever it was taken, it’s a fascinating photo.

  • Craig Heberton Jun 15, 2018 @ 2:51

    For the benefit of the commenters, I would like to make clear that there is no mention of bayonets in the article “Confederates in Frederick: New Insights on a Famous Photo” (April 2018) appearing in Battlefield Photographer. I urge everyone to read that article written by Bolcik, Davis, and myself. Also, to quote two sentences in the article: “It may never be known for sure whether the Confederate photo was taken in September 1862 or July 1864, the two times that Confederate infantry passed through Frederick. Our research suggests that enough evidence exists to question the September 1862 date.” It has to be understood that 1862 was “enshrined” as the correct date by the man who owned the photograph when its discovery was announced. Among other things, we demonstrate, that he incorrectly dated two other photographs taken in Frederick which he also possessed and previously were unknown. The article is 14 pages long. Because the Center for Civil War Photography is a not-for-profit, the magazine isn’t sold to the general public. It is provided for free to its members. I urge everyone to consider purchasing a membership in the CCWP, perhaps as a Father’s Day gift for themselves or someone else, if only to read the Battlefield Photographer magazines and the enjoy the other benefits offered to members.

    • Kevin Levin Jun 15, 2018 @ 3:07

      Hi Craig. Thanks for taking the time to comment and for providing the link.

    • Msb Jun 15, 2018 @ 8:38

      Thank you very much. This is fascinating.

  • Bryce Hartranft Jun 14, 2018 @ 7:05

    I am not a member of the Civil War Photography group so I cannot read the original article. i.e. I only have access to the Washington Post article.

    From the Washington Post article, it seems uncertain where the Rosenstock studio was and when. The only facts I can find are “After the war, Rosenstock’s was on East Patrick Street” and “a tiny ad that placed it on North Market Street in 1860.”

    These 2 facts alone do not seem definitive to me. A lot could change between 1860 and “after the war.” What if it started on North Market Street in 1860 but had moved to Patrick Street by 1862 and stayed there even after the war?

    Are there more definitive facts in the original article found in the “Battlefield Photographer” journal?

  • John Laking Jun 14, 2018 @ 6:28

    Surely the thing to do is find which side of the street Rosens store was on ?

    • Kevin Levin Jun 14, 2018 @ 6:42

      Thanks for the comment, John. I am going to leave it to others to debate whether this new interpretation is valid. As I stated in a previous comment, Bob Zeller is an authority on Civil War photography and appears to support it for now.

  • Andy Hall Jun 14, 2018 @ 5:27

    There’s a vigorous discussion about this claim over at Civil War Talk.The consensus of the researchers there is that they are rather dubious of the new claim, especially the “no bayonets“ argument.

    • Kevin Levin Jun 14, 2018 @ 5:36

      Thanks for providing the link. Someone else just mentioned this to me as well. I am certainly no expert, but Bob Zeller is one of the leading authorities on Civil War photography and for the moment I am going to rely on his judgment.

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