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[259] strong position behind Beaver Creek Dam, pursued to that beyond Powhatan Creek, and finally, after a severe contest of five hours, entirely repulsed from the field.

Night put an end to the contest. I grieve to state our loss in officers and men is great. We sleep on the field and shall renew the contest in the morning.

I have the honor to be, very respectfully,

R. E. Lee, General.

Lieutenant-Colonel Robertson's report.

headquarters Fifth Texas regiment, June 29, 1862.
W. H. Sellers, A. A. General Texas Brigade:
Major: I have the honor to report the part taken by my regiment, the Fifth Texas volunteers, in the action of the twenty-seventh June, 1862. I was ordered into the action to support that part of the line immediately in front of the house, which stands near the Telegraph road, and which was used as a hospital.

My advance was much impeded by a dense thicket and marsh. Hampton's Legion was upon my left. I reached the line of battle in good order, and found a portion of (I believe) General Ewell's forces maintaining the ground against heavy odds. I opened fire with my regiment, and after firing some thirty minutes it was evident that the fire of the enemy was greatly weakened, and that the time for charging them was near. Having been separated from my brigade and all the officers, I was at some loss about making the charge, until I could do so in conjunction with other parts of the line. I sought the commanders of the forces on my immediate right and left, but found none willing to join me in the charge. About this time the gallant General Ewell came up and ordered a charge, my right was by this time unsupported, and I asked General Ewell to bring me a force to support me, then I would make the charge. He brought up at once a small force; as soon as it got into line on my right, the charge was ordered, and with a hearty cheer the men rushed down the hill, across the branch, up and over the enemy's position, and through his camp. I charged with loaded guns. On reaching the field I discovered a battery on my left, which was hidden from our view at first by the retreating enemy, ordered my men to fire on those around the battery as they ran, which volley cleared the battery and left it in our possession. On emerging from the enemy's camp, through which we had charged, I discovered the Fourth Texas and Eighteenth Georgia charging a battery on a hill to my left. I directed my men to oblique to the right so as to join them, which they did just after the battery was taken.

My men seeing the enemy flying across the field in the direction of the road to the Chicka-hominy, continued the charge over the hill in the direction of a battery the enemy had been playing upon us from the hill beyond. Having left my horse at an impassable branch in the rear, and being much exhausted, about one third of my men got so far ahead of me that it was difficult to stop them. Night was fast closing on us; it was then dark; I thought it proper to recall my men, and from a hill protect the batteries already taken.

On my march back I discovered a fire was being made upon my men from the camp through which we had just charged, and on reaching the crest of the hill, I discovered a regiment of the enemy advancing on us from that camp; we opened fire on them, at the same time advancing upon them. After receiving two or three volleys they threw down their arms and surrendered. It was the Fourth regiment of New-Jersey volunteers. Colonel Simpson and his Lieutenant-Colonel surrendered their swords and two stands of colors. A company was detached and the prisoners marched to the rear, when I formed in line of battle and remained until the arrival of Brigadier-General Hood. The regiment of the enemy taken was larger at least by one hundred men (at the time of its capture) than mine. Throughout the action my officers and men, without exception, conducted themselves in a manner satisfactory, fully sustaining the name and character of the Texas soldiers. When all behaved so well, distinction cannot be made. My color-bearer was shot down and the colors immediately raised by Captain Brantley, of company D, of the colorguard. In the list of casualties I have to report thirteen killed, among them Lieutenant J. E. Clute, company A, who was in command of his company, and fell while leading it to victory; also fifty-nine wounded, among them Captain T. T. Clay, company I, and Lieutenant Wallace, both of them at the head of their companies when wounded, and thirteen missing. For particulars see Adjutant's report already sent in.

Respectfully submitted.

J. B. Robertson, Lieutenant-Colonel Commanding Fifth Texas Volunteers.

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