separated from the brigade, was conducted, under the direction of Captain Lawton, assistant adjutant-general, to the extreme left of the left wing of the army, and placed in position opposite Sykes' brigade of United States Regulars, which last was supported by three pieces of artillery. The battle raged with uninterrupted fury for one hour, the firing becoming gradually weaker upon the side of the enemy.

About 7.30 p.m. the ammunition of the regiment being nearly exhausted, the command was given to retire, which was obeyed in good order, the regiment marching in line of battle 50 paces to the rear, where it was again faced to the enemy. The colonel, now perceiving that the firing had ceased, marched his men into the woods about 300 yards distant, where they slept during the night upon their arms.

J. H. LOWE.

Major, Commanding.

Numbers 250. Report of Captain William H. Battey,

Thirty-eighth Georgia Infantry, of the battles of Gaines' Mill and Malvern Hill.

HDQRS. THIRTY-EIGHTH REGIMENT GEORGIA VOLS.

Camp near Gordonsville, Va., July 27, 1862

CAPTAIN: In obedience to orders received from you I have the honor to make the following report of the part my regiment bore in the late series of actions before Richmond. Not being in command in the commencement of the battle of June 27, and my attention being chiefly directed to my company, I, of course am not able to furnish, as complete a statement of that portion of the engagement as I otherwise would have been:

At about 5 o'clock of the evening of the above-mentioned day the order was passed down our line to accelerate our pace, which my regiment promptly obeyed, casting away all articles which encumbered them; thus, alternately marching and double-quicking, we entered the battle-field. Here we formed line with the rest of the brigade, our right flank toward the enemy. We then marched in column in the direction our right previously occupied, and, by the execution of the movement "Forward into line," found ourselves in line of battle face to face with the enemy at the distance of about 300 yards. Thus we marched a most terrific fire to within about 180 yards of a body of 4,000 or 5,000 regulars. It was here that our colonel and major were wounded and the command devolved upon me.

In obedience to orders received from Captain Lawton I commanded my men to "Fire and load lying," which order they promptly executed until nearly all the cartridges were expended. At this critical point of the engagement we were directed by the above-mentioned officer to charge, he leading in gallant style. My regiment executed the above-mentioned command with such good-will that it passed completely through that portion of the enemy opposed to it and carried a battery of five pieces beyond.

Our loss was very severe, but my command bore it like veterans,and never in the entire engagement was there the least visible hesitation among them.

My officers and men all behaved so well that it is impossible to distinguish those worthy of being mentioned.