``no merger''

[CoB4thTEXAS]

By December 18, 1864 Maj. Littlefield expressed fear that the Texas Brigade would be consolidated with one or more other small brigades. If that happened, wrote Littlefield, ``I am fearful that ... many will attempt to escape the army.'' In late December, Gen. Lee appointed ``Consolidation Committees'' in each of the smaller brigades in the Army of Northern Virginia for the purposes of determining the feasibility of consolidation and assessing the fitness of the junior officers in those brigades for further command. Lt. Col. C. M. Winkler, commander of the Fourth Texas, was selected as chairman of the Consolidation Committee in the Texas Brigade.

While Winkler's committee was at work, the officers and men of the brigade held a mass meeting to protest the proposed consolidation. Private B. S. Fitzgerald of Co. I, Fifth Texas, and Lt. Haywood Brahan of Co. F, Fourth Texas, were selected as chairman and secretary of the group, respectively. A series of resolutions were passed reaffirming the Texas Brigade's faith in the Confederacy. Major William H. ``Howdy'' Martin of the Fourth Texas was appointed to present the Brigade's case against consolidation to President Davis.

In early January, 1865 Major William H. ``Howdy'' Martin of the Fourth Texas sought and gained an appointment with President Davis to present the Texas Brigade's case against consolidation. General Lee was also present at the meeting. Martin made his ``no merger'' appeal to Davis and Lee while flaunting the battle-scarred flag of one of the Texas regiments. Afterwards, Lee remarked to Davis, ``Mr. President, before you pass upon that request, I want to say I never ordered that Brigade to hold a place, that they did not hold it.'' Impressed by both Martin's appeal and Lee's endorsement, Davis said, ``Major Martin, as long as there is a man to carry that battle flag, you shall remain a brigade.'' Thus the Texas Brigade remained a separate entity by executive order.