War of the Rebellion: Serial 012 Page 0908 THE PENINSULAR CAMPAIGN, VA. Chapter XXIII.

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No. 88. Report of Colonel Charles H. Innes,

Thirty-sixth New York Infantry, commanding Third Brigade.

HEADQUARTERS THIRD BRIGADE, FOURTH CORPS,

Intrenched Camp, June 5, 1862.

SIR: I have the honor to report for the information of the general commanding the division the part taken by the brigade under my command in the battle of the 31st of May, subsequent to the disabling of General Charles Devens, which happened about 6 p. m. At that time, having received an order to fall back, the enemy having turned our right flank in large force, I at once ordered the Thirty-sixth New York, which was the only regiment left in the rifle pits, to fall back to the intrenched camp and take a position there. At the same time I dispatched an orderly with instructions for the Tenth Massachusetts Regiment, which soon arrived in good order, under the command of Captain O. Miller. At the same time three companies of the Tenth, three of the Seventh, and two of the Thirty-sixth New York, that had been out on picket duty, arrived, and Captain Flood's battery, which at once went into battery. Having disposed of this force I at once turned my attention to the arrest of all stragglers and disposed of them to good advantage in the rifle pits, according to the similarity of arms.

At this time General Keyes arrived on the ground, and I reported to him the disposition I had made of the forces there. It proving satisfactory to him, he ordered me to take charge of all the stragglers that might pass through there. Shortly after Colonel Hayman, of Thirty-seventh New York Volunteers, marched in, and I communicated my instructions to him, and stated that it was very necessary to have a strong picket thrown out. I could not do it without very materially weakening my position. He at once promptly placed his regiment at my disposal and picketed our left flank and front. About an hour before day the whole command was formed in line ready for action. The Seventh Massachusetts, Colonel Russell, having been temporarily detached for service on the right, with the general commanding the division, I am unable to report the part taken by them, but feel assured that they have done credit to themselves.

Lieutenant Storer, aide to General Devens, and Lieutenant Byron Porter, acting assistant adjutant-general, rendered good and efficient service, and acted with the greatest coolness and courage, being continually under fire.

Too great praise cannot be rendered to Brigade Surg. Charles O'Leary and Surgs. E. B. Dalton, of the Thirty-sixth New York Volunteers, and C. N. Chamberlain, Tenth Massachusetts Volunteers, for their devoted attention to the wounded. I desire to call to the special notice of the general commanding the division Captain Ozro Miller, who commanded the Tenth Massachusetts Volunteers after Colonel Briggs had been severely wounded. He led his regiment in gallant style, and only left the field when ordered to fall back at dusk, which he did in good order.

Lieutenant Colonel D. E. Hungerford and Major James A. Raney, of the Thirty-sixth New York, behaved with great gallantry and coolness throughout the engagement.