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[18] They were supported by their batteries, which poured a well-aimed and destructive fire into our ranks. The Thirty-eighth and right wing of the Fortieth New-York behaved nobly, and maintained their position. During the contest, the Thirty-eighth New-York regiment, under Colonel Ward, were ordered to charge down the main road in advance of the Michigan regiments, and, piercing the enemy's centre, to carry the rifle-pits by the flank, and the left wing of Col. Riley's regiment (Fortieth New--York) were ordered in like manner to follow the Thirty-eighth New-York, to take the enemy in the rear. I sent with this wing Capt. Mindel, of my staff, and under Gen. Kearney's presence he led them to the dangerous position assigned them. Capt. Gesner, of the left wing, and Capt. Mindel behaved well under the terrible fire that greeted them, and led the brave officers and men under them gallantly and worthily. Night coming on, put an end to the pursuit, and, amidst the darkness and rain, we waited the morning. During the night the Third and Fourth Maine regiments, that had been, previous to the contest, detached by order of Gen. Heintzelman, reported to me for duty in front, and by order of Gen. Kearney I moved them to the front, to relieve the Thirty-eighth and Fortieth New-York regiments. I pushed them on to the enemy's works, found them deserted, and troops to the left of us in possession. My brigade has lost several gallant officers and many brave men in this contest. Annexed you will find a list of killed, wounded, and missing.

Where so much gallantry was displayed it is difficult to select the most deserving of notice. To Col. Ward, Capts. Mindel and Gesner fell the good fortune to lead the most important charges, and they were well supported by the gallant officers and men under them. Col. Riley maintained well his position, and executed the orders with coolness and efficiency. The loss of the rebels in front of my regiments was terrible; those that remained on the ground, some forty, were decently buried. The Thirty-eighth New-York regiment, or “Scott life-guard,” preserved well the high reputation it gained for gallantry at Bull Run, and although in that engagement and in this it has lost fifteen officers and one third of its members, it is still ready to devote the balance to support our flag. I ask that Congress will, by special resolution, authorize this regiment to place upon its flag, “Bull Run” and “Williamsburgh,” and the Fortieth New-York or Mozart regiment, “Williamsburgh.” I trust that the General commanding division, seeing how well two of my regiments carried out his orders, will never hesitate to rely on my brigade.

Lieut.-Col. Strong, Thirty-eighth New-York regiment, deserves special mention for his gallant conduct. His wound, although disabling him, I am happy to report is not mortal, and he will be soon returned to his regiment.

I am yours truly,

D. B. Birney, Brigadier-General. Lieut. W. G. Sturgis, A. A. General, Kearney's Division.

Letter from General Kearney.

headquarters Third division Heintzelman's corps, camp Berry, Barhamsville, May 10, 1862.
To His Excellency Gov. Morgan:
sir: It is with great satisfaction that I have the honor of bringing to your notice the distinguished conduct of officers and regiments of the State of New-York, comprised in my division, and as particularly illustrated in the late severe but victorious engagement of the fifth instant in front of Williamsburgh. These were the Thirty-seventh, Col. Hayman; the Thirty-eighth, Col. J. H. Hobart Ward, and Fortieth, Colonel Riley. New-York will ever hold her place as Empire State as long as she has such sons to represent her.

If, Your Excellency, I do not particularize individual officers, it is that I could not, where all was zeal, distinguish one without injustice to the other. The Colonels are of the same opinion as myself. Colonels of two of them stop before the difficulty of a selection; another, Col. Hayman, includes his entire list.

The services of these regiments were most necessary. Each of the three bore the frill brunt of the battle. The Thirty-seventh, Col. Hayman, constituted our extreme left, part of Gen. Berry's brigade. The Thirty-eighth and Fortieth Regiments served on the right flank. During the action, the Thirty-eighth, Col. Ward, and a wing of the Fortieth regiment, were marshaled for the desperate work of piercing the enemy's left centre and carrying the rifle-pits in the nearly impassable abattis — a desperate undertaking. But I knew their reputation, and I was sure of their success. Col. Hobart Ward lost nine officers out of the nineteen that went into action. Two of them were prisoners, and were rescued.

Your Excellency, I particularly name to you these Colonels, as most meritorious and gallant officers, and trust that their State will ever be mindful of them as her proud representatives.

Your Excellency, in making you this, my first official communication, I am happy to embrace the occasion to assure you how sensible I have ever been of your having recommended me originally as one of the Generals within your nomination.

I enclose the list of killed and wounded of these three New-York regiments.

Most respectfully,

Your obedient servant,

P. Kearney, Brig.-Gen. Commanding Third Division Heintzelman's Corps.

Compliment to the Maine troops.

headquarters Third division Heintzelman's corps, camp Berry, Barhamsville, Va., May 10.
To His Excellency, Israel Washburn, Jr., Governor of Maine:
sir: As Commanding General of this division, of which two of the Generals commanding brigades, (Gen. Jameson and Gen. Berry,) as well as two regiments, the Third Maine, Col. Staples, and the Fourth, Col. Walker, form a part, I take this opportunity of calling to your notice their

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