the rebel soldiers, who was on picket, as a prisoner, but as soon as they came into our lines an officer of the Twenty-third Corps ordered them to give him the colors, and like good soldiers they obeyed the order.

So far as the conduct of the officers and, men of the regiment is concerned I have only to speak of it in the highest terms.

About mig night of the 30th we quietly retired from Franklin to Nashville, where we arrived at 10 a. m., very nearly tired out.

I have the honor to be, sir, your very obedient servant,

F. A. ATWATER,

Major Forty-second Illinois, Commanding Regiment.

Lieutenant BREWER SMITH,

Actg. Asst. Adjt. General, 3rd Brigadier, 2nd Div., 4th Army Corps.

HDQRS. FORTY-SECOND ILLINOIS VOLUNTEER INFANTRY,
Huntsville, Ala., January 5, 1865.

SIR: Having been in command of the Forty-second Regiment Illinois Infantry during the battles of Spring Hill and Franklin, Tenn., on the 29th and 30th of November, I beg leave to submit to you the following report:

The regiment was placed near the left of the front line at Franklin, and ordered to throw up works, which we did as best we could in about one hour an with very few tools to work with, and when the enemy came upon us we had a very poor line of works, and yet we had imperative orders to hold them. We tried as well as we could to hold the works, but were forced back to the second line, where the regiment halted and remained until midnight, when the brigade fell back, and very soon after we came to the second line of works a rebel color-bearer ran up onto the works, and Corpl. John H. Smith, Company E, shot the man and took the flag, an just then a line officer of the One hundred and fourth Ohio Infantry demanded the flag. The corporal remonstrated, but finally had to give them to the officer. Private John Mollison, of Company B, captured one flag, which was taken from him by some officer of the same regiment, and Enoch Downs, a private of Company K, went out in front of the works to help one of his wounded comrades in after the firing had nearly ceased in our front, and while there he picked up three rebel flags and brought them in, and as the One hundred and fourth Ohio Regiment were stationed behind the same works during the battle the colonel saw the private bring in the colors, and immediately demanded them of the man, saying at the time that all which were captured in his front belonged to his regiment. The man stoutly protested, but upon being told by the colonel that he would pout him in arrest he gave up the colors. He having been in the service only six days, hardly knew whether it was best to obey the orders of other regimental officers, an consequently did not obey at first. Said private says one of the colors was that of the Sixth Alabama regiment, and one had the stars and bars, the other the stars and X. We have no swords which were captured.

I have the honor to be, sir, your most obedient servant,

F. A. ATWATER,

Major Forty-second Illinois Volunteer Infantry.

Brigadier General W. D. WHIPPLE,

Assistant Adjutant-General, Department of the Cumberland.