This information is contributed by Diane Monday (wife of James Grey Fennell, III)

Name: Owen Fennell , Jr
Residence: New Hanover County, North Carolina
Enlistment Date: 16 May 1861
Distinguished Service: DISTINGUISHED SERVICE
Side Served: Confederacy
State Served: North Carolina
Unit Numbers: 100 100
Service Record: Enlisted as a Lieutenant 2nd Class on 16 May 1861
Commission in Company C, 1st Infantry Regiment North Carolina on 16 May 1861.
Promoted to Full Lieutenant 1st Class on 08 July 1862
Transfered on 15 December 1862 from company C to company S
Promoted to Full Captain on 15 December 1862 (Asst Commissary of Subsistence.)
Dropped from the rolls Company C, 1st Infantry Regiment North Carolina on 31 July 1863


From personal records I have found that he was commissioned as a commissary on that date, but I have not yet finished transcribing, as previously stated. I'll copy a few passages so far:

"When I last wrote you I had sent up a petition to Genl. Lee to know if I would not be allowed to choose a Company and the branch of service, and also to go home and dispose of my papers connected with the Commissary Department. On last Monday, the petition was returned to Genl. Stewart but instead of his sending it to me, he sent for me to call at his Quarters as he wished to see me. I went up and found that he had received my petition from Genl. Lees endorsed as follows: "The applicant is allowed to choose any Company in this Army, but a furlough cannot be granted as other Commissaries would expect the same indulgence, but that after I am enrolled time would be given me to settle my accounts." Under that endorsement I chose Capt. Newkirks Company of Calvary, but Stewart insisted on my being enrolled in his Brigade. But I refused and after considerable wrangling between us, he sent a note to Genl. Johnson to know whether he should be governed by Genl. Lee’s endorsement on my petition or by General Orders issued March 1863 which says that "Officers that have been dropped, cashiered by Court Martial or have resigned should when present with their commands be enrolled and assigned to companies." (This could not apply to me for it is an order issued prior to the Act of Congress abolishing the Office of Regimental Commissaries) Johnson would not decide upon it, but sent it up to Genl Lee for his decision. Tuesday I went to Genl Lee’s Quarters, but could not see him. I saw Maj. Layton, his Adjutant General and stated the matter to him. He replied that he thought it was stated plain enough on my petition, but if they were not satisfied with that to send up a petition to him naming the Company and Regiment which I had chosen and it would be granted. I asked him if he could not give me a note to that affect. He replied that Genl. Lee would notice nothing that did not come through the regular channel, which means that it must be sent up through the Generals. Wednesday morning I addressed another petition to Genl. Lee, stating that under the Conscript Act I was allowed to choose my Company and Regiment, and that I had chosen Capt. Newkirks Co. And desired a ( ) to join it. It went up as far as Genl. Johnson who returned it yesterday endorsed as follows "The matter has been referred to Genl. Lee for his decision and until his decision is made no paper from Capt. Fennell on the subject will be forwarded" So there it again rests, until I can hear from Genl. Lee. But let Genl. Lee decide as he may I will not be enrolled unless they grant me the privilege of choosing my Company. Then let them arrest me and I will apply for a Writ of Habeas Corpus, and go before a judge and see if Genl. Lee or Genl. Anybody else has the power to force a man into service contrary to the provisions of the Conscript Act. To make the most of it, it is a base and unjust act to throw a man out of Office for no cause and then force him into the ranks against his wishes. Talk about the tyranny and Military Despotism of the Yankee Government if this thing is decided against me, I see no difference between the two Governments. This is the fruit of North Carolina soldiers being imposed upon by having Baltimore Rowdies placed over them as Generals when these men are as much fit to be a General as a child ten years old. I am the only North Carolina Commissary in this Division and I learn that in Rhodes Division all the Commissaries were allowed to go home and the same thing was granted by Genl. A. F. Hill to all the Commissaries in his Corps, but because we are so unfortunate as to be under a Baltimore Plug must be forced into service. I contend that until my Commissary accounts are audited by the Auditing Committee and I get a receipt from them clearing my Bond, that they have not the right to conscript me. Suppose I am conscripted and ordered into the ranks as a private. My receipts, vouchers, returns dc are all here with me and a private is not allowed any baggage and they must be unavoidably lost. The provisions that I have been drawing for the Regt. Are worth from Seven to Eight Thousand Dollars per month, and my papers are receipts to me against the Government to show what disposition has been made of these provisions. It is true I make a return to the Government every month and generally receive a notice from it acknowledging the receipts of the same. My returns for the Month of June to July, I have not heard from although they have been sent two weeks."

We know that he ended service as a captain, so things must have gone better for him than he feared at that juncture, but until I finish with the letters, I won't know the rest.

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