Francis Marion Bates, was born in 1839 in Boston, Massachusetts.  After his birth the family moved from Massachusetts to the state of Alabama in the southern United States. There in 1850 Francis Bates was listed on the U.S. census as living in Benton County, Alabama. Bates enlisted as a private at 23 years of age on July 7, 1862 at Hickory Flat, Alabama and was mustered in for duty and enrolled, in Chambers County, Alabama, by Captain P.N. Rowland for 3 years. Records state his horse was valued at $300 and he was “entitled to 40 cts per day for the use and risk of his horse from 1 Sept.- 62 to the 31st Dec. 1862”. He served as a private with the 5th Battalion Hillard’s Legion, also known as the David Clopton Rangers, Alabama Cavalry, Company A. He first appeared on the Muster-In Roll on March 10, 1862 at Montgomery, Alabama and was shown “Present” on Muster Roll cards on “3/10 to 6/1862 as a Private; from “ 5/31 to 9/1/1862  as a Private” and  from “August 31/1862 to Jan 1, 1863”.  

There is some indication Francis may have had a brother who also enlisted, from the same little town of Hickory Flat, Alabama, a small town in Chambers County which borders very near to the Georgia county line. William N. Bates, who was 25 years old, enlisted on May 5, 1862 at Hickory Flat, Alabama and yet another “F.M.” Bates, also from Hickory Flat, Alabama enlisted in the 34^th Alabama Infantry.  It appears a possible third, married brother, did not enlist.  However, the other two men were enrolled in Montgomery, Alabama on the same day by P. M. Rowland and were in the same Alabama Cavalry, the David Clopton Rangers.

The 5th Battalion Hillard’s Legion flag, according to available documentation, was made from the wedding trousseau of Mrs. Henry W. Hilliard and was presented to Hilliard's Legion upon their organization in June 1862. The 5th Cavalry Battalion, known as Hillard’s Legion, under Major Miles M. Slaughter, was organized with five companies at Montgomery, Alabama on June 25, 1862 and named after Henry Washington Hilliard; an author, a lawyer and a congressman who was born in Cumberland County, North Carolina in  1808. Hilliard was sent as the Commissioner of the Confederate States to meet with Tennessee officials and persuade them to secede. On April 24, 1862 Hilliard was commissioned a Colonel and authorized to recruit a "legion" of some 3,000 men for Confederate service. The command was divided into a cavalry battalion, three infantry battalions, and one artillery battalion. All were engaged in training and drill until the 8th of July, when the Legion was transported through Atlanta, Georgia to Chattanooga, Tennessee where it remained for about 3 weeks. Then, Hilliard's Legion was armed and continued with their training.

On August 4, 1862, Hillard’s Legion was moved to Knoxville, Tennessee where it began its first march on the 14th; to Tazwell, some 41 miles away. The Legion then moved up and was assigned to Brigadier General John Porter McCown's Brigade, Dept. of East Tennessee, which served at the siege of Cumberland Gap, which was held by Union forces under General G. W. Morgan. The Gap was occupied on September 17^th and the Legion remained for two weeks. On October 2^nd it began what would last through the fall and winter, with CS General Braxton Bragg's Kentucky and East Tennessee Campaign. The Legion advanced some 150 miles, bringing up the rear of Bragg's forces. After the Battle of Perryville, the Legion was again in the rear, arriving again at Cumberland Gap in late October, 1862.

On November 4^th the command was moved through Knoxville, Tennessee to Loudon, Tennessee and then to Bridgeport, Alabama and then back to Knoxville by the 25^th. At that point the Legion went into winter quarters, at different stations around Cumberland Gap.   The 5th Cavalry Battalion, Hillard’s Legion, was merged into the 10th Confederate Cavalry Regiment on  December 30, 1862. Each company, "A" through "E", retained its original letter designation after the merge.

After being merged as a Private into Company A, 10th Confederate Cavalry Regiment, Bates was eventually promoted to 1st Sergeant.   During the winter months, Colonel Hilliard resigned and was replaced, in April 1863, by Colonel Jack Thorington of the 1st Battalion.  With the exception of a brief movement to Bean's Station and Morristown, Tennessee, the Legion remained in position at Cumberland Gap until August 9^th, serving as pickets on the Kentucky side. At that point, the Legion joined the main forces near Chattanooga, Tennessee which eventually fighting at Chickamauga, where the Legion arrived on September 18, 1863.  The Legion was held in reserve during the first day of the Battle of  Chickamauga; September 19^th & 20^th 1863. On the second day, they followed the advancing army until around 3:30 in the afternoon when General Gracie ordered the Legion to move quickly forward against a Union log fortification. The Legion lost some 45% of its 902 men engaged in the fighting, while earning itself an excellent reputation.  

Hilliard's Legion is credited with having been the first of Gracie's Brigade to place its colors in the Union works; even though the flag was shot through by 83 separate bullets. Its ensign, Robert Y. Hiett, was promoted to Lieutenant for his gallantry during the action.  After Chickamauga, Major Daniel S. Troy commanded the Legion and it continued in Gracie's Brigade at Missionary Ridge, guarding approaches to Chattanooga, Tennessee until it was dissolved on  November 25, 1863.

On November 19^th Colonel Thorington resigned his command and the Legion was transported by train to Charleston, Tennessee; arriving on  November 25^th.  At that point, the Legion was broken up and divided into the 59^th  and 60^th Alabama Infantry Regiments, and the 23rd Sharpshooters Battalion.  In 1870, a 48 year old Francis A. Bates of Massachusetts was registered in the U.S. census as residing in Marion, Perry County, Alabama, as a physician; possibly the father of Francis Marion Bates.  Some eight years after the war Francis Marion Bates left his home country and arrived in Victoria, Australia; in July 1873, aboard the “CESAREWITCH”. Unfortunately, his life in Australia was short lived, as he died on June 27, 1879 and was buried in Melbourne General Cemetery, CofE Section W Grave # 569,  registration number 8418.

“Alabama: Her History, Resources, War Record and Public Men, from 1540 to 1872”, 1975

 Bill Anthony, Tallassee, Alabama

 Compiled Service Records of Confederate Soldiers who served in Organizations for the State of Alabama, Film Roll No. 484

 Consolidated Index to Compiled Service Records of Confederate Soldiers

 Greg Posey, Commander, Egbert J. Jones Camp 357, Huntsville Alabama

 David Dorsey, Opelika/Auburn, Alabama

Hilliard's Legion. 5th Battalion, Muster-In Roll, , Montgomery, Alabama, July 7, 1862  

 John Stewart, Geelong Family History Group

Juanita Martinez, researcher

Perry County, Alabama Archives, newspaper abstracts, 187l

    Richard White, Archivist

1860 Census, Chambers County, Alabama

 1895 U.S. Atlas