Morale was a problem, in part because of the poor clothing and provisions they were issued, as well as their initial duties of arresting and guarding Unionists in the tri-state region.

The 21st had been raised by Confederate Brigadier General Felix K. Zollicoffer (former Tennessee congressman) and Major John B. Thompson after the 1861 harvest, with soldiers volunteering for a year's service.

Also, opposing forces led by Union Colonel (later General and President) James A. Garfield tried to win the hearts and minds of Kentuckians and Southwest Virginians (which had no voters for Republican candidate Lincoln in the 1860 Presidential election, residents voting mostly for Breckinridge of Kentucky, whom Gen. Marshall had also supported, but a great percentage of whom enlisted once secession was declared and the harvest gathered).

Moreover, on October 20, 1863, a federal raiding party sent by Union General Wilcox surprised Slemp's encamped 64th Infantry near Jonesville and managed to destroy much of their equipment and supplies.

Gen. "Grumble" Jones for dereliction of duty based on events of November 7, 1863, when Slemp ordered 10 or 15 wagons captured from the enemy moved, endangering the column if attacked while on the road from Rogersville to Blountville.

Col. Slemp hurt his cause by slipping house arrest in Abingdon prior to trial and instead returning home to Lee County; he was convicted, relieved of command and dismissed from the Confederate army.