H. Devol, was ever on the alert, and rendered much valuable assistance. Of our chaplain, Rev. L. E. Carson, too much cannot be said. In his attention and devotion to the wounded he was untiring, making this his especial duty. We have the satisfaction of knowing that all were cared for properly and efficiently.

In the death of Captain Fouts we lament the loss of a brave officer, a true patriot, and a warm friend.

Very respectfully,

D. F. GRIFFIN,

Lieutenant-Colonel, Comdg. Thirty-eight Regt. Indiana Vols.

GEORGE H. DEVOL,

Actg. Asst. Adjt. Gen., First Brig., First Div., Center.

No. 67. Report of Major Ansom G. McCook, Second Ohio Infantry.

CAMP AT MURFREESBOROUGH, TENN., January 7, 1863.

COLONEL: I have the honor to report, briefly, the part taken by the Second Regiment Ohio Volunteers in the action of December 31, 1862, and the following days.

On the morning of the 31st, after being ordered into the woods on our right center, with the balance of the brigade, and before being engaged, Lieutenant-Colonel Kell, then in command of the regiment, was ordered by Captain McDowell, assistant adjutant-general on Major-General Rousseau's staff, in person, to leave the position assigned us in the woods, and move to the support of Captain Guenther's battery [H], [Fifth] United States Artillery, then stationed on the left of the main Murfreesborough turnpike. He did so without, I believe, reporting to you, as the exigency of the case would not admit of it. The regiment was formed on the flank of the battery, and, in conjunction with it, successfully repulsed the efforts of a brigade to capture it, killing and wounding many of the enemy, and capturing about 30 prisoners and a stand of colors belonging to the Thirtieth Regiment Arkansas Volunteer Infantry. At this time you made your appearance from the woods with the balance of the brigade, and from that time until we occupied this place we were under your eye.

Our loss was 11 officers and men killed and 34 officers and men wounded; among the former, Lieut. Col. John Kell, commanding the regiment, and First Lieut. Richard S. Chambers, Company F; among the latter, First Lieut. Lafayette Van Horn, Company I, mortally, and Captains Maxwell and Hazlett severely. I cannot refrain from expressing my regret at the loss of Lieutenant-Colonel Kell and Lieutenant Chambers, particularly the former. Brave, competent, and energetic, he had proven himself on several occasions well qualified for the position he held. His death is greatly to be deplored, and his loss will be severely felt by the regiment.

With very few exceptions, the regiment behaved well, and at some future time I will particularly recommend deserving men for promotion.

I have the honor to be,

A. G. McCOOK,

Major Second Ohio Volunteers, Commanding.

Col. B. F. SCRIBNER,

Commanding Ninth Brigade.