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Payne was paroled and allow to go home to recover. He wore a rubber mask that a Union surgeon had made him to hold his jaw together and could only consume liquids. Given the serious nature of his wounds, Union officers no doubt did not expect to see him on the battlefield again, but shortly after he was exchanged, he wrote that he and another Confederate captured two videttes using a knife and a hatchet. After the affair, he fainted and fell from his horse having overtaxed himself.
He was in command at Lynchburg and then returned to the 4th Virginia Cavalry as their commander. He fought in hand-to- hand combat with a Union officer at the Battle of Kelly’s Ford. This is both noted in Payne’s letter and in General Fitz Lee’s reports. Payne then took command of the 2nd North Carolina Cavalry and led it through the Gettysburg Campaign. His horse was shot out from under him and suffered a saber wound
and fell into a vat of tanning liquid at the battle of Hanover
and was captured for the second time. This time, he was not paroled and sent home. Instead, he was shipped off to the prisoner of war depot on Johnson’s Island. Once exchanged,
he returned to command of his regiment in time for General Early’s Valley Campaign in the fall of 1864 and fought at Third Battle of Winchester (September 19), Fisher’s Hill (Sept. 21-22), and Cedar Creek (Oct. 19) and then participated in the New Creek raid after which he received the other sword, [LOT 1204]. He was wounded severely again from gunfire at the Battle of Five Forks (April 1, 1865) near Petersburg, this time suffering
a shot to the leg. He was able to recover enough to lead a cavalry brigade at the end of the war near Richmond. He claims he was arrested in relation to the assassination attempted of Secretary of State William H. Seward as part of the grand plot that included Booth’s assassination of President Abraham Lincoln. Lewis Powell had operated under the alias Lewis Payne, and that had apparently led to suspicion that General Payne had been involved, but he was paroled after being held at Johnson’s Island until June of 1865.
Following the war, Payne returned home to Virginia and his law career, including as the general counsel for the Southern Railway Company and also served in the state legislature. He remained a dedicate Confederate well after the Confederate cause was lost. In the letter to the Virginia Military Institute, he wrote, “I am as true a Confederate to-day as when I first rode from Warrenton to Manassas. I have never ceased to regret the loss of the cause; I have never sought any favors for myself;
I think that the greatest calamity that has ever befallen the country is the wreck of the Confederacy.” A poem printed in the biography of Payne that was found among his papers
and apparently written by his hand expressed even harsher views noting that he hated the Constitution, the republic, the Freedman’s Bureau, the Declaration of Independence, and of course the Yankees who he noted he had “killed a chance of” and wished he could kills some more. Such lasting hatred may not be surprising from a man who survived a Yankee gunshot to the face, a saber blow, and another gunshot to the leg and then saw his home state occupied by the boys in blue. All combined, these wounds no doubt caused him discomfort the rest of his life.
CONDITION: Good. The brass hilt and scabbard fittings display attractive natural aged patina. The knuckle bow has a repair. The grip is a little loose and has mild wear. The blade has moderate oxidation mainly in the front half but retains distinct etching and has mostly bright surfaces on the balance. The leather is poor, and the drag section is absent. This is a very interesting sword possibly captured from a Union officer during Payne’s first major engagement and then inscribed in the post-war era to commemorate his years in service of the Confederate after he returned home deeply embittered against the Union.
Estimate: 15,000 - 25,000
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