The Kearny Cross
Is the man in the Civil War photo James Birney?
I have a few clues on the Civil War mystery photo that Newton Deuel had.
It struck me as odd that the guy in the photo is wearing the "Kearney Cross," which was
only given out in the division (1st Division, III Corps) commanded by David Bell Birney. As I
may have noted, it doesn't seem consistent to have a guy with a Kearney Cross and a hat
with "V 71" on it, which would denote either the 71st NY or 71st PA, with neither regiment
serving in Kearney/Birney's division. (In other words, it doesn't seem to me that a soldier
serving in the 71st NY or PA would be eligible to receive a Kearney Cross, since it was only
given out to men in a particular division that they were not a part of).
I didn't realize until I looked closer into it that the Kearney Cross was originated upon the
idea of Gen. Birney, who first authorized in on March 13, 1863 in memory of his
predecessor, Phil Kearney. This medal, which Birney pretty much created on his own
initiative, probably influenced Abraham Lincoln to sign into law (on July 13, 1863) the bill
authorizing a Congressional Medal of Honor that could be given to men of any unit for valor
in battle.
So then, I thought, what about David Birney: although, having died in 1864, he clearly didn't
live to be old enough to be the guy in the photo, maybe there's a connection. One website
lists David Birney as receiving the Medal of Honor himself, I'm not sure of this, but in any
case he in a way could claim to have helped bring this medal about.
I thought maybe this is someone else ---maybe his brother William or James --- wearing
David Birney's Medals after his death, in a kind of portrait sitting to honor their departed
brother, who had lived in Philadelphia (i.e. that is most likely location for these artifacts, and
may explain why the photograph was take in that city).
But my next problem was to explain the V71, in every biographical piece I've read about
David Birney he enters the war by raising and commanding the 23rd PA, "Birney's
Zouaves." And neither James nor William Birney served in the 71st anything, so I was stuck.
But then I got lucky and read a speech by David Birney when he awarded the first batch of
Kearney Crosses on May, 27, 1863, which in relevant part reads:
"On the day after the attack on Fort Sumpter, April 13, 1861, I had the honor of being
accepted by my late lamented friend, Colonel Vosburgh, as a volunteer in the ranks of the
Seventy-First Regiment of New York Militia."
To sum up, David Birney served in the 71st NY, which would have gained him an enlisted
man's hat with a V 71 like that in the photo, he originated the Kearney Cross, one of the
medals appearing in the photo, and he either receives the Medal of Honor or is influential in
bringing it about, and I think that is one of the other medals.
This is a rare combination, keeping in mind that there was only one Medal of Honor winner
from a 71st Regiment, and that guy was from the 71st PA (and did not, therefore, serve in
Birney's division, meaning that guy would not be eligible for the Kearney Cross). If you take
those three in combination, V 71, Kearney Cross, Medal of Honor, my bet is that there was
only one guy in the entire Union Army who could hit that trifecta, and that is the old Dutch
cheese himself, David Birney.
So who is the guy in the photo? I wish I had a photo of David's brother James Birney late in
his life. I have seen an engraving made in 1873 or before, and along with being a judge,
county founder, publisher, railroad builder, etc., and being either a father-in-law or
brother-in-law to a Pine Plains Deuel, James Birney sports a set of mutton-chop whiskers,
the same style as the guy in the photograph. Hmmmm.
Richard Gifford
September 13, 2003
