almost instantly killed. The colors where then taken by Sergt. W. S. Evans, of Company F, who planted them defiantly in the face of the foe during the remainder of the fifth, always advancing promptly to the front when the order was given. The general conduct of officers and men was beyond all praise.

J. C. ROGERS,

Major, Commanding Fifth Texas Regiment.

Lieut JOHN W. KERR.

Acting Assistant Adjutant-General.

No. 458. Report of Brigadier General Henry L. Benning, C. S. Army, commanding brigade.

HEADQUARTERS BENNING'S BRIGADE, August 3, 1863.

Major:In obedience to an order from the headquarters of this division, I have the honor to submit to you the following report of the operations of this brigade since it left Culpeper Court-House for the other side of the Potomac:About 2 or 3 p. m. on July 2, ultimo, I was informed by Major-General Hood that his division, as the right of Lieutenant-General Longstreet's corps, was about to attack the left of the enemy's line, and that in the attack my brigade would follow Law's brigade at the distance of about 400 yards. In order to get to the place they assigned me, in the rear of General Law, it was necessary to move the brigade 500 or 600 yards farther to the right. Having done this, I advanced in line of battle. A wood intervened between us and the enemy, which, thought it did not prevent their shells from reaching us and producing some casualties, yet completely hid them from our view. On emerging from the woods, their position become visible. Before us, at the distance of 600 or 800 yards, wan an oblong mountain peak, or spur, preseting to us a steep face, much roughened by rocks. To the right, 400 or 500 yards from the peak, was an oblong mountain itself, with a side that looked almost perpendicular. Its summit overlooked the peak just sufficiently to command it well. On the summit of the peak were three pieces of artillery, and a little in advance of them, on a sort of uneven, irregular shelf, were three others. To the right and left of the battery, as well as immediately in its rear, were lines of infantry, as we afterward ascertained. This formed the enemy's first line of battle. On the top of the mountain itself, and a little to the right of the peak, were five other guns. These commanded our approaches to the peak, for nearly the whole way. To the right and left of these guns extended the enemy's second line of infantry. Where that line crossed the gorge running between the peak and the mountain, a point 500 or 600 yards in the rear of the peak, were two other guns. This we ascertained when the right of the brigade reached the gorge, by the terrible fire from them which swept down the gorge. Thus, what we had to encounter were thirteen guns, and two, if not more, lines of infantry pastel on mountain heights. The intervening spur over which we had to march to reach the first line was nearly all open. Our own first line also became visible advancing