the bluff, leaving one company deployed as skirmishers to cover our recrossing the river, which was accomplished without loss. Formed the regiment behind the canal bank, on the north side of the river, where I remained until dark. At 4 o'clock p.m. I ordered one company (E) to recross the river and protect a party of stragglers from my command, sent over to take a 6-pounder brass howitzer, which had been abandoned by the enemy. This was accomplished with the loss of one sergeant (Crowley), wounded in the leg, who was brought over the river at dusk in the evening, when the company rejoined the regiment. At dark I moved my position 900 yards to the left, establishing pickets at intervals of 10 paces, connecting on my left with the Fourteenth Regiment Regular Infantry, and on my right the Tenth Regiment New York Volunteers.
Sunday, 21st, remained on picket all day. Nothing (with the exception of a few sharpshooters) was seen of the enemy. Lieutenant-Colonel Duryea returned, and relieved me in command of the regiment.
I have the honor to be, very respectfully, your obedient servant,
Captain, Commanding Fifth Regiment New York Volunteers.
Lieutenant HEWYARD CUTTING,
Aide-de-Camp, and Actg. Asst. Adjt. General, Sykes' Division.
No. 108. Report of Brigadier General Andrew A. Humphreys, U. S. Army, commanding Third Division, with application for a Court of Inquiry.
HDQRS.3rd DV.,5TH CORPS, ARMY OF THE POTOMAC, March 28, 1863.
Mr. SECRETARY: I beg leave to ask your attention to the inclosed statement, and to request that my conduct in the matter may be made the subject of investigation by a court of inquiry, as soon as it can be done without withdrawing from active service in the campaign myself and other officers. I make this request because, after having been strongly recommended for promotion for services in the field by Major-General Burnside, my promotion has not taken place, and I am led to conclude that some statement prejudicial to my character as a soldier or as a man must have been made to the War Department.
As in the course of a service of thirty years I have received many marks of esteem and confidence from the highest authorities in the land, and was never censured by a superior officer but once, I have concluded that the obstacle to my promotion must originate in the same source from which that censure emanated. I refer to a note received by me from Major-General Halleck, Commander-in-Chief, about 4 o'clock p.m. on Saturday, the 13th of September, 1862, in which I was informed that if I did not immediately join my division in the field I would be arrested. As I did not, because it was impracticable, march my division before the hour named by me in a communication to Major-General Halleck's chief of staff, which I supposed to be the occasion of the note (if it did not refer to personal acts), and as I was not arrested, I had reason to conclude that a subsequent acquaintance with the circumstances had induced a change of opinion on the part of the Commander-in-Chief. Soon after joining the Army of the Potomac with my division, I brought the