a heavy fire with the utmost gallantry, and replied rapidly and well. The preceding day a line of rifle-pits had been thrown up along the crest of Bolivar Heights, and the infantry were protected in them and the ravines to our left. The long-range ammunition had now almost entirely failed, and it became evident that, from the grant preponderance of the enemy's artillery and his ability to keep up a fire at long range to which we were no longer able to reply, our ability to hold the position became a mere question of time, and that our defense could only be continued at a great sacrifice of life without any corresponding advantage.
Colonel Miles, at about 9 o'clock a. m., called a council of the officers commanding brigades, and conferred with them upon the propriety of surrendering without further resistance. It was the unanimous opinion of the officers present that it was useless to attempt to hold the position long, and that, if reasonable terms could be obtained, it was best to surrender at once. By order of Colonel Miles, the white flag wa accordingly displayed along our lines, and I was requested by him to arrange the terms of capitulation, which duty I accepted. I met maj. General A. P. Hill, who wa s appointed by Major-General Jackson to arrange the terms of capitulation with me, and agreed with him upon the terms of surrender, the original of which agreement is herewith submitted.
In addition to the terms expressed in the articles of capitulation, two days' rations for the intire command were allowed us, which was very nearly all the subsistence on hand. The men were also allowed to retain their overcoats and blankets, and we were allowed the use of two teams to each regiment to convey the officers' baggage, &c., agreeing to return the same. The refugees from the Valley and maryland, of whom there were several hundred in the place, it was stipulated should not be molested, but allowed to return to their homes, which was done.
The enemy did not perceiving our signals, and some time after the flags were exhibited Colonel Miles was struck by a shell in the leg and mortally wounded. He was at once borne from the field. Many others were the enemy had ceased. The entire command was paroled, and marched out on the 16th, arriving at Frederick, Md., the same day. By order of Major-General Wool, we then marched to this place, arriving on the 21st.
During the siege the conduct of the troops, most of whom were new levies who had never before been under fire, was good. Some disorder occurred among one or two new regiments when exposed to a galling conduct of officers came under my observation, it was unexceptionable. Of all who deserve it, space will not allow me to speak. I cannot omit to mention, however, as distinguished for their gallantry, col. F. G. D'Utassy, Colonel Trimble, Colonel Ford, and Colonel Ward, commanders of brigades; Colonel maulsby and Lieutenant Colonel S. W. Downey, of the First and Third Maryland Potomac Home Brigade, who, with their the One hundred and twenty-fifth New York, a most gallant and accomplished officer; Colonel Stannard, Lieutenant-Colonel Andross, and Major Stowell, of the Ninth Vermont, a regiment, though but just enrolled, whose conduct was worthy of veterans; the gallant Colonel Sherrill, of the One hundred and twenty-sixth New York, who was severely wounded while rallying his men; Colonel Cameron, Lieutenant-Colonel Stewart, and Major Wood, of the Sixty-fifth Illinois; Lieutenant-colonel Hixon and Major Marley, of the Sixtieth Ohio; Major Hewitt, of the Thirty-second Ohio; Colonel Banning, of the Eighty-seventh Ohio.
The conduct of the several batteries was, without