War of the Rebellion: Serial 044 Page 0398 N. C., VA., W. VA., MD., PA., ETC. Chapter XXXIX.

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Early next morning, the brigade was moved back to the main line, and threw up breastworks.

The reports of regimental commanders, together with the complete list of the killed and wounded, have already been forwarded.

It would be invidious to speak of individual gallantry where all behaved so wll.

I am, Major, very respectfully, your obedient servant,


Colonel, Commanding Brigade.

Major W. H. SELLERS,

Assistant Adjutant-General.


SIR: I have the honor to report the part borne by this brigade in the engagement near Funkstown, Md., on July 10.

About 1 o`clock on the 10th, I was ordered by General J. E. B. Stuart verbally, through a courier, to report to him in Funkstown, to meet an advance of the enemy. This I refused to do, since I had been stationed at the bridge across the Antietam, on the Hagerstown and Boonsborough pike, by order from Brigadier-General Law, commanding division, and felt myself still subject to orders from or through him. I therefore hastened to see General Stuart in person, and was ordered peremptorily to advance with the brigade at once. I repeated again that I preferred the orders either from or through General Law. He then remarked that I was subject to his orders, and, as to this man Law, he knew nothing of him. General Stuart being so much my superior in rank, I felt bound to obey his orders, and I immediately returned and brought the brigade forward.

I was met in Funkstown by an aide from General Stuart, who conducted me to General Fitz. Lee, and was ordered by him (General Lee) to halt in the road until he had opened fire on the enemy with his batteries. After a halt at this point of some ten minutes, I was ordered by General Lee to move forward by the flank through a narrow lane, a la cavalry, to within 150 yards of the enemy, before deploying in line of battle. I protested against this order, wishing to deploy my line before getting under fire of the enemy, but was not allowed to do so.

I was subjected to a raking fire from the enemy, and it was with great difficulty that my line was formed, there being several fences and small houses in the way.

Once formed, we pushed forward to the crest of the hill, driving the enemy`s sharpshooters from the barn behind and in which they had advanced in heavy force. Here the right regiment (Fiftyninth Georgia) halted, owing to the confusion caused in their ranks by the fire of Stuart`s Horse Artillery, who threw and exploded several shells in their ranks, killing and wounding 6 men in one company and several in others. The left and center were advancing in splendid order, and would have continued to advance but for orders from General Lee to fall back.

The Seventh Georgia was not engaged with the brigade, having been detached and sent over several days previous to protect the road on the right of our position. They were engaged, however, all day on the 10th, skirmishing with the enemy.