War of the Rebellion: Serial 012 Page 0912 THE PENINSULAR CAMPAIGN, VA. Chapter XXIII.

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From the rifle pits, after a short interval, I was ordered to move across the road by the flank to the right, and posted near the woods to the front and right of the place of encampment. The right of the regiment soon became engaged with the enemy.

Soon after, having been informed that our own troops were being fired upon by my men, I advanced from my position in front of the center to ascertain the fact, when I was wounded, apparently by two musket-balls, which struck me simultaneously, one passing through the under part of the left and one lodging in the right thigh, and which so disabled me that I was compelled to leave the field. I was carried to the rear, and very so, after, I am informed, the regiment bell back, but was twice again reformed under Captain Miller, upon whom, as the senior officer then on the field, the command devolved, and whose gallant conduct, as I have been informed, was as conspicuous as it was effective in relaying and holding his shattered command in the face of which on the right was most exposed, attests the determined courage and good discipline of both officers and men. He was bravely supported by Captain Smart, who was left wounded in the leg, and afterward wantonly killed by a rebel soldier of whom he asked assistance. It was during one of these last rallies also that Lieutenant Leland was mortally wounded. No braver men or more faithful officers fell on that field than the three whose loss it is my painful duty to report. Lieutenant-Colonel Decker, who had for a week previous to the engagement been disabled by a severe attack of rheumatism, but who was with the regiment at the beginning, was, I am informed, soon after compelled to leave the field. Major Marsh was in the discharge of his duty with the regiment until after it had reformed upon retreating from the felled timber. Afterward he informed me he was ordered to take command of some broken detachments from other commands that appeared in the vicinity without officers.

The three companies on picket duty and which afterward came in without material loss were A, E, and K. The number of men in the action, after deducting the various details, could not have reached 500.

I beg leave in explanation of the delay in forwarding this report to say that I have been unable by reason of the long passage by sea to Boston and subsequent disability to make it earlier. Having been removed from the regiment before a complete return of casualties was made I append no list, presuming a gull one has already been returned by the officer now in command of the regiment.

Very respectfully, your obedient servant,

HENRY S. BRIGGS,

Colonel Tenth Massachusetts Volunteers.

Lieutenant BYRON PORTER,

A. A. A. G., Devens' Brigadier, Couch's Div., Fourth A. C.

No. 91. Report of Colonel Charles H. Innes,

Thirty-sixth New York Infantry.

HDQRS. THIRTY-SIXTH NEW YORK VOLUNTEERS,

Intrenched Camp, June 5, 1862.

SIR: I have the honor to report, for the information of the brigade commander, the part taken by the regiment under my command in the battle on the 31st May.