in commission as colonel in the volunteer service; has been distinguished in nearly every engagement of the Army of the Potomac, and certainly deserves the rank of brigadier-general of volunteers, to which he has been recommended. The Fortieth Regiment New York Volunteers, Colonel Egan, was sent by me, under charge of Captain Briscoe, aide-de-Camp, to strengthen General Ward's line, and, led by its gallant, dashing colonel, charged the enemy and drove him back from his advanced point, and poured the most terrific fire into his ranks. This regiment is composed of the old Fortieth, and gallant men from the Eighty-seventh, One hundred and first, Thirty-eighth, and Fifty-fifth New York consolidated with it, making a glorious unit. The Seventeenth Maine Regiment, Lieutenant Colonel Merrill, was driven back from its position by overwhelming force, but, responding to my personal appeal, again charged the enemy across the small wheat-field, and retook their position. This regiment behaved most gallantly, and evinced a high state of discipline. Their enthusiasm was cheering, and the assistance rendered by its charge most important. I have already mentioned the valuable aid rendered to me by the command of Colonel Burling, commanding the Third Brigade of the Second Division. This officer and his gallant old regiments never did better service at a better time. I annex a map, showing the position of my troops and the batteries supported by us. * In a special report to be made under paragraph 743, Revised Regulations, I will mention those officers and soldiers deserving special mention. Colonel Berdan, of the Sharpshooters, and Captain Briscoe, of my staff, deserve mention for their services in leading the reconnaissance before the battle, and for the valuable information derived from it. The two regiments of sharpshooters, under Colonel Berdan and Major Stoughton, were of the most essential service in covering my front with a cloud of sharpshooters, and pouring a constant and galling fire into the enemy's line of skirmishers. All of the members of my staff were efficient and ready with their services in the field. During July 3, this division, under command of General Ward, was, held in reserve, and during the heavy artillery fire of that day was brought up under it to support General Newton's line. The enemy were, however, repulsed without its assistance. Annexed is a list of casualties + and map alluded to in my report.

I am, your obedient servant,

D. B. BIRNEY,

Major-General, U. S. Vols., Comdg. Division.

Lieutenant Colonel O. H. HART, A. A. G., Third Corps.

HEADQUARTERS THIRD ARMY CORPS, In the Field, July 4, 1863.

GENERAL: In compliance with a circular from headquarters Army of Potomac, of this date, I have the honor to report as follows: A portion of the First Division, with Colonel Eustis' brigade, of the Sixth Corps, is on the front line, on the left of the Second Corps.

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*See p. 486.

+Embodied in revised statement, p. 177.

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