Texas, the directing battalion, on my right, and the First Texas on my left. Advancing at double-quick, we soon met the enemy's skirmishers, who occupied a skirt of thick undergrowth about one-quarter of a mile from the base of the cliffs, upon which the enemy had a battery playing upon us with the most deadly effect. After a short pause, while repelling his skirmisher, I was ordered by General Robertson to move by the right flank, so as to cover all the ground between us and directing battalion. Moving about 200 yards, I met the enemy in full force in a heavy, wooded ground, sheltering themselves behind rocks, from which, after a sharp contest, he was driven to the heights beyond, in our front and in close proximity to the mountain, and there I was pained to learn that the gallant Lieutenant Colonel B. F. Carter was severely wounded while crossing a stone wall near the base of the mountain. I was also informed that Colonel John C. G. Key, while gallantly urging the men to the front, was severely wounded. The command then devolved upon me. Many of the officers and men had been kill and wounded up to this time. Finding it impossible to carry the heights by assault with my thinned ranks, I ordered my command to fall back in the skirt of timber, the position then occupied being enfiladed by the batteries on the left and exposed to heavy fire of musketry in my immediate front. Being joined by the Fifth Texas on my right, I again attempted to drive the enemy from the heights by assaults, but with like results. Again, being re-enforced by the Forty-eight Alabama, commanded by the gallant Colonel [James L.]Sheffield, and the Forty-fourth Alabama, whose commander I did not learn, we again charged their works, but were repulsed, and then, under the order of General Law, I ordered my command to fall back under cover of the timber, on a slight elevation within short range of the enemy. I formed my regiment in line of battle, leaving the battle-field contested ground. At the dawn of day, I had a stone wall about 2 feet height thrown up, which afforded some protection to the men occupying the position from which we had driven the enemy until sunset of the 3rd instant, at which time I was ordered to move my command, in conjunction with the remainder of the brigade, by the right flank, to occupy the ground from which we first advanced upon the enemy. I accord to each and all of my officers and men my warmest congratulations for their continued and unceasing gallantry during the entire engagement. The following list of casualties is a appended. *

All of which is respectfully submitted.

J. P. BANE,

Major, Commanding. Lieutenant

JOHN W. KERR,

Acting Assistant

No. 456. Report of Lieutenant Colonel K. Bryan, Fifth Texas Infantry.

NEAR HAGERSTOWN, MD., July 8, 1863.

SIR: Colonel R. M. Powel having fallen into the hands of the enemy it devolves upon me, as lieutenant/colonel of the regiment, to report

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*Not found; see p. 339

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