Martial Deeds of Pennsylvania, Samuel P. Bates, 1876 - Part 2, Chapter 5, 556-
589

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                         MARTIAL DEEDS OF PENNSYLVANIA
                                       by
                                SAMUEL P. BATES.

                     PHILADELPHIA: T. H. DAVIS & CO., 1876.

MARTIAL DEEDS OF PENNSYLVANIA - 556

                              Part II.  BIOGRAPHY.

                                    CHAPTER V.

                              DIED IN THE SERVICE.

DAVID BELL BIRNEY, Colonel of the Twenty-third regiment, and Major-General of 
volunteers, was born at Huntsville, Alabama, on the 29th of May, 1825.  His 
father, James G. Birney, was singularly devoted to the sentiment of freedom, 
though bred in the Slave State of Kentucky.  In 1835 he manumitted his own 
slaves, and at the death of his father chose the slaves as his share of the 
patrimony, that he might extend to them likewise the boon of freedom.  He was 
educated at Princeton, studied law at Philadelphia with Alexander J. Dallas, 
and, returning to Kentucky, married Agatha McDowell, a cousin of General Irwin 
McDowell.  Not long afterwards he removed to Huntsville, where he formed a law 
partnership with Arthur G. Hopkins, afterwards Governor of the State.  During 
his residence there Mr. Birney was appointed Attorney-General, and in 1834 was 
commissioned to secure a faculty for the new State University.  In his tour 
through the North in this latter capacity he met prominent philanthropists, with 
whom he exchanged sentiments and formed lasting friendships.  Moved by his 
sincere love of freedom, he soon after went to reside in Cincinnati, where he 
established the Philanthropist, a weekly newspaper.  Its columns ably advocated 
the cause of the oppressed and down-trodden the world over; but its keenest 
weapons were directed upon American Slavery.  Its utterances became distasteful 
to the slave power, and his office was repeatedly mobbed, and his types 
consigned to the river.  In 1844 he was nominated by the Free Soil party as 
their candidate for President of the United States, receiving 64,653 votes.  
Henry Clay, who was the candidate of the

DAVID B. BIRNEY - 557

Whig party, was defeated, and his failure was largely attributed to the party 
led by Birney.  Soon afterwards Mr. Birney retired from politics.  He died in 
1858.  Mr. Birney married for his second wife Elizabeth Fitzhugh, a daughter of 
the New York branch of an old Maryland family.
  The son, David B., was put to school at Andover, Massachusetts, where he early 
took a prominent place, and where he acquired exact and thorough training.  
After leaving Andover he went to Cincinnati, and entered a large business house, 
where he soon became junior partner, and married Miss Anna Case, of Covington, 
Kentucky.  The firm with which he was connected met with disaster, and, upon the 
termination of its business, he went to Upper Saginaw, Michigan, where he 
studied law and was admitted to the bar; but desiring a wider field for the 
practice of his profession, removed to Philadelphia.  For a time he was employed 
in a commercial agency, but soon returned to the practice of the law, in which 
he was associated with O. W. Davis, the firm attaining to great success and 
eminence, so much so that it became necessary to open a branch office in New 
York.  His first wife having died, he married Miss Maria Antoinette Jennison, 
daughter of William Jennison.
  As the clouds of civil war began to lower, Birney turned to the military 
profession, for which he had a natural taste, enlisting in the First City Troop, 
an organization which has been preserved unbroken from the days of the 
Revolution.  In 1860 he was elected Lieutenant-Colonel of the First regiment, 
Third brigade of the First division, Pennsylvania Militia.  When the call was 
made for troops in April, 1861, this regiment was promptly tendered, and its 
ranks speedily recruited, being known in the line as the Twenty-third.  It was 
at first stationed on the Philadelphia, Wilmington, and Baltimore railroad, but 
subsequently joined the corps of General Patterson at Chambersburg, and with him 
advanced as far as Bunker Hill, taking part with credit in the affair at Falling 
Waters, where Birney commanded, the Colonel being kept from the field by 
sickness.
  At the expiration of the three months for which the regiment had been 
mustered, Lieutenant-Colonel Birney determined to recruit the old regiment for 
three years' service, and obtained

MARTIAL DEEDS OF PENNSYLVANIA - 558

permission from the State authorities to retain the number by which it had been 
previously known, men and officers feeling a just pride in its soldierly 
bearing.  Birney was commissioned Colonel, on the 2d of August, 1861, and with 
ranks swollen to 1500 men, this regiment became a part of the brigade of General 
L. P. Graham, stationed at Queen's Farm, four miles north of Washington, in 
which it was associated with the First New York Chasseurs, commanded by John 
Cochrane.  Birney was a man earnest in doing whatever he undertook in the best 
possible manner, and under his moulding hand his command soon became 
distinguished for good discipline, ease and accuracy in evolutions, and all the 
qualities which go to make up an effective force.  This excellence did not fail 
to attract the attention of his superior, and of President Lincoln himself, who 
invited the Colonel to parade with his regiment in front of the White House, and 
when, in the presence of his Excellency and a large concourse of citizens, 
embracing officers high both in the civil and military service, it manoeuvred 
with the precision and spirit of veterans, it was greeted with frequent 
outbursts of applause.  The skill and energy displayed by its commander was not 
without its reward.  On the 17th of February, 1862, he was commissioned a 
Brigadier-General, and assigned to the command of the brigade left vacant by the 
promotion of General Sedgwick, composed of the Third and Fourth Main and the 
Thirty-eighty and Fortieth New York regiments, having a place in the Third 
corps.
  Among the first to reach the Peninsula, in McClellan's campaign against 
Richmond, Birney's brigade was early brought face to face with the enemy, but 
was restrained from attacking by the power which then exercised supreme control, 
and was  put to felling trees and constructing works which were the wonder of 
the army, and from before which the enemy finally fled.  At Williamsburg, the 
old capital of Virginia, the enemy made a stand, and Hooker, who attacked with 
his division, found himself outnumbered and liable to be crushed.  Kearny, who 
had a little before succeeded to the command of the division which embraced the 
brigade of Birney, came gallantly to the support of Hooker.  Kearny's leading 
brigade was commanded by Berry; but with this Hooker could barely hold his 
ground.  At this

DAVID B. BIRNEY - 559

juncture, Birney came upon the field.  It was the turning-point in the fortunes 
of the day.  In gallant style his well-ordered columns wheeled into position.  
The enemy was driven at all points, and the Union forces occupied the field.  
The conduct of Birney in this fight attracted the attention of Kearny, a soldier 
in the armies of two hemispheres, whose name is a synonym for gallantry, and the 
two were ever after fast friends.  Volunteer Generals from Civil life were 
viewed with jealously and distrust by those bred to the profession of arms, and 
Birney often found himself under the ban of the latter, even experiencing the 
shafts of malice; but Kearny never yielded to this petty weakness, judging every 
man by the qualities which he displayed in the hour of peril.  He found in 
Birney a manhood which won his soldier heart.  In his report of this battle, 
Kearny said:  "I have to mark out for the high commendation of the General-in-
chief, Generals Jameson, Birney, and Berry, whose soldierly judgment was alone 
equaled by their distinguished courage."  In a letter to Governor Curtin, he 
said:  "In conclusion, your Excellency, it is not only by her noble regiments 
Pennsylvania was distinguished in the last great battles;  I have to bring to 
your notice and to that of the people of the State that the Second brigade of my 
division was commanded by a Pennsylvanian, General Birney.  This officer 
displayed coolness and courage, and brought into the field the talents which 
distinguished him among his fellow-citizens. He has proved himself a good 
Colonel.  His brigade is a model of good discipline.  His genius of command was 
especially conspicuous on this day."
  At Charles City Cross Roads, and at Malvern Hill, Birney bore a conspicuous 
part, Kearny saying of him in the latter engagement:  "The coolness and 
judicious arrangement of General Birney influenced his whole command to feel 
invincible in a very weak position."
  Upon the return of the army from the Peninsula to the support of Pope, now 
struggling in the toils of the enemy, the Third corps, having given that General 
the necessary aid to enable him to retire across the Rappahannock, was advanced 
to the plains of Manassas.  A daring reconnaissance was made by Birney to 
Centreville with two companies of cavalry, where the head of

MARTIAL DEEDS OF PENNSYLVANIA - 560

the hostile column was struck, the General narrowly escaping capture by shooting 
down his pursuer.  In the battle which ensued, Kearny's division held the right 
of the Union army on the turnpike.  "I kept Birney's most disciplined 
regiments," says Kearny, "reserved and ready for emergencies.  During the first 
hours of combat, as tired regiments in the centre fell back, General Birney of 
his own accord rapidly pushed across to give them a hand to stimulate them to a 
renewed fight."  In concluding his report, Kearny says:  "My loss has been about 
750 men.  It makes me proud to dwell upon the renewed efforts of my generals of 
brigade, Birney and Robinson."
  On the afternoon of the 1st of September, Stonewall Jackson attacked the right 
wing of the Union army, in the neighborhood of the little village of Chantilly, 
with his characteristic fury.  Reno first felt the shock; but Kearny was soon at 
his side - Birney's division in the advance - and stayed, by his powerful 
supports, the shattered line.  It was in the midst of a terrific thunder-storm, 
and the roar of the elements drowned the awful voice of the battle.  Kearny 
appeared as touched by inspiration, and, as he moved upon the field, shone like 
the heroes of Homer, or a descended god of war.  This was his last battle, and 
he must needs grace the end with acts of undying valor.  Only intent on saving 
the day, after doing deeds worthy the hero, he was finally shot down from coming 
inadvertently into the enemy's lines.  "At this juncture," says Birney, "General 
Kearny reached the hill with Randolph's battery, and, placing it in position, 
aided my brigade by a well-directed fire.  I then pointed out to the General a 
gap on my right, caused by the retreat of Stevens' division, and asked for 
Berry's brigade to fill it.  He rode forward to examine the ground, and, dashing 
past our lines into those of the enemy, fell a victim to his gallant daring."  A 
rebel Captain, observing him riding up, called out to him to surrender.  
Discovering his peril, he leaned forward on his horse and put spurs to its 
sides, hoping to extricate himself.  But a volley from the enemy's muskets was 
too well directed, and he fell dead upon the spot.  "Birney had remonstrated 
with his bold commander against exposing himself where it was certain the enemy 
was swarming, but without avail.  Judging by his protracted absence

DAVID B. BIRNEY - 561

that he had fallen into the enemy's hands, Birney assumed command of the 
division, directing its movements with consummate skill, gaining the victory and 
saving thereby the whole army from disastrous rout.  A message was received from 
the enemy's lines, giving the first intelligence of the death of Kearny, and 
tendering his body to the Union commander.  It was received under flag of truce 
by his trusted staff-officer, Captain J. Mindel.  At midnight the army moved, 
and with it the remains of the mangled General.  At the defences of Washington, 
the army halted, and the funeral cortege passed on to his home at Newark, New 
Jersey, where it was received by a sorrowing wife and family, and without 
ostentation committed to the grave.
  At the conclusion of Pope's campaign, General Birney was designated to sit 
with Generals Casey and Harney in a court-martial, and his division was led by 
another in the battle of Antietam.  While engaged in this service, General 
Birney was the recipient of a most flattering testimonial to his gallantry in 
the late engagements from citizens of Philadelphia, who had watched, with a just 
pride, the brilliant career of their fellow-townsman.  It consisted of a 
valuable horse and fine equipments, and sword.  The guard of the sword was 
elaborately set with the initials, D. B. B., in diamonds.  The hilt was adorned 
with an olive leaf, wrought with the same glittering jewels.  Accompanying the 
sword was a handsome dress and undress scabbard, on the former of which was the 
inscription, "GEN. D. B. BIRNEY, October, 1862, from his fellow-citizens of 
Philadelphia."
  After concluding his labors upon the court-martial, General Birney was put in 
command of Kearny's old division, General Stoneman who had commanded it in the 
Antietam campaign being placed over the Third corps.  While in camp before 
Fredericksburg, Mrs. Birney visited head-quarters, and was untiring in her 
attentions to the sick and wounded in the hospitals of the division.  Meade 
having been selected by Franklin to make the attack on the enemy's left, in the 
battle of Fredericksburg, on the 13th of February, 1862, Birney was ordered to 
cross the Rappahannock and take position in support of Meade.  Gallantly did 
Meade assault the well-manned breastworks of the foe, breaking through his lines 
and reaching his camps.  But the division

MARITAL DEEDS OF PENNSYLVANIA - 562

was too weak to maintain the advantage gained.  He called on Birney for support.  
Birney referred the call to Stoneman, his corps commander; but, seeing the ranks 
of Meade shattered and broken, took the responsibility of ordering up his 
brigades and advancing his batteries.  His troops were now subjected to a 
terrible ordeal; but he was everywhere upon the field, and by his presence, 
unheeding danger, inspired his men to hold their ground, closing up where the 
line was broken, and repelling the repeated and determined attacks.  "The state 
of affairs," says General Stoneman, "when Birney's (First) division arrived on 
the ground, followed soon after by Sickles' (Second) division, was anything but 
promising. . . .  In doing this valuable service, the First division lost 
upwards of a thousand men as brave as ever pulled a trigger.  Of the conduct of 
this division, I cannot speak too highly.  Composed, as it is, of regiments from 
almost every State from the Penobscot to the Mississippi, the entire country may 
justly feel proud of its well-earned fame."
  Upon the accession of Hooker to the command of the Army of the Potomac, Birney 
could count upon a sincere and warm personal friend in the new Chief.  Hooker 
felt that men of the stamp of Birney should occupy the most responsible places, 
and he accordingly wrote to the President, saying, that "if service and 
qualifications are of weight, he is richly deserving promotion.  He has been in 
command of Kearny's old division the greater part of the time since the death of 
that officer, and I know of no better division commander in this army, or one 
that I would prefer to have in my command.  He is an ornament to any service."  
At Chancellorsville, Birney took position with his division to the right of the 
Chancellor House, and succeeded in occupying a continuous line through the woods 
south of the plank road.  "At about eight o'clock in the morning," he says in 
his official report, "I reported to Major-General Sickles that a continuous 
column of infantry, trains, and ambulances was passing my front towards the 
right, and that I should give it a few shots from Clark's rifled battery.  
Sending a section to a good point in the little field in my front, it opened 
with effect, the column double-quicking past the point reached by our shots."  
At twelve M., Birney was ordered to pierce the advancing column and gain

DAVID B. BIRNEY - 563

a position on the road over which it was passing.  This was promptly executed, 
reaching with little opposition the Forge, a company of the enemy which occupied 
this place being captured and sent to the rear.  This seemed an important 
position, and as the fire of musketry on the left of the line at this time was 
terrific, Birney was ordered to halt at that point until reinforcements could 
come up.  Whipple's division of the twelfth corps, and Barlow's brigade of the 
Eleventh, were pushed forward.  Upon their arrival, Birney again advanced, and 
nearly 200 of the enemy were captured. At half past six P. M., he was again 
ordered to advance rapidly, and as his force, now well supported, went forward, 
the enemy was driven by a well-directed fire, and the roads, over which the 
hostile columns had been seen moving, were soon entirely at his command.  He was 
about preparing to bivouac for the night, when he was informed that the Eleventh 
corps - which formed the right wing of the army, and on which he was relying for 
support upon that flank - was broken, and in complete rout.  This left him in a 
most perilous situation.  He was far in advance of the main line of the army, 
across difficult ground, with his supports gone, and the victorious enemy 
sweeping on to seemingly assured victory.  Before the enemy reached the track by 
which Birney had advanced, however, the foe had been checked, their trusted 
leader Stonewall Jackson slain, and darkness coming, a lull in the battle had 
succeeded.  But still the Union army was in the worst possible position, the 
force under Birney being particularly disjointed, and liable to be cut off.  
Something must be done, as morning would bring a renewal of the fight, and the 
isolation of Birney would be discovered.  At midnight, Sickles gave the order 
for Birney to retrace his steps, and when he had arrived at the breastworks, 
which had been held by the Union army, but were now in the hands of the enemy, 
to storm and carry them at the point of the bayonet.  As noiselessly as possible 
the troops moved back, and when arrived before the works behind which the enemy 
was sleeping, Birney opened with his artillery.  It was midnight of Saturday, 
and the first hour of the Sabbath was advancing, when Birney's guns roused the 
wearied soldiers of both armies, now reposing in close proximity to each other.  
The roar of artillery for a little time was terrific, and 

MARITAL DEEDS OF PENNSYLVANIA - 564

the fire told fearfully upon the rebel line.  The infantry was held in 
readiness, and the instant the first great shock of the guns had been felt they 
dashed forward and poured in a most destructive fire.  The enemy was taken by 
surprise, little dreaming of an attack from that direction in force; and that 
invincible corps, which had been let by its renowned Captain to victory in 
nearly every battle with the Army of the Potomac, was broken and thrust back, 
leaving the portion of the field with its works which it had snatched, in the 
early evening, from the Eleventh corps, in the hands of Birney's men.  The 
victory was signal, inasmuch as it gave the Union forces a foothold for the 
contest, which was sure to be renewed at early dawn; and it opened a gateway for 
this force, which was practically isolated and cut off from the main body, to 
restore its connection, and to take position on the main line at its most 
exposed and vulnerable point.  The fighting commenced early on the Sabbath, the 
3d of May, and the hours of that peaceful day were given to most frightful 
carnage.  Unfortunately, the Third corps stood where it was assailed from three 
sides, and it was soon found impossible to hold its position.  To withdraw it to 
defensible ground now became the absorbing problem.  Only by determined fighting 
could this be executed.  Manfully did its gallant divisions stand, in one of the 
most trying situations in which a soldier can be placed, where he is conscious 
of fighting, not for victory, but to save what he can; and none fought more 
gallantly than the division of Birney.  The movement to the new line in the rear 
was successfully executed, but at a fearful cost.  This withdrawal practically 
ended the battle on the Chancellorsville field, and after facing each other for 
a few days and keeping up a show of battle at arms' length, returned to their 
old camping-grounds about Falmouth and Fredericksburg.  The valor of Birney in 
this battle was duly recognized.  He was made a Major-General, his commission to 
date from the 2d of May, 1863.
  In the Gettysburg campaign, Birney led the Third corps until the army reached 
Frederick, Maryland.  Sickles, who had been absent from the field, returned and 
resumed command.  The corps reached the field during the night of the 1st of 
July.  About noon of the 2d, it was led by Sickles into position on the

DAVID B. BIRNEY - 565

diagonal ridge between Cemetery and Seminary Ridges, striking the Emmittsburg 
pike at the Peach Orchard.  With that wise forethought which characterized him, 
Birney early sent out a force from his command to feel upon his front.  It found 
the enemy moving heavy masses of infantry and artillery around upon the Union 
left.  The position and force of the Union army was easily discernible by the 
enemy.  Not so his from the Union side, as he moved behind a curtain of wood, 
along White Oak or Seminary Ridge.  This important piece of information, vital 
to the safety of the army, was at once communicated to Sickles, who ordered 
Birney to dispose his division so as to face this newly-developed line of the 
foe.  Longstreet's veterans were concentrated upon the extreme Union left; 
indeed, had really outflanked the Union army when discovered, and were ready to 
fall like Stonewall Jackson at Chancellorsville upon the unsuspecting and 
unprepared Union line, and take it in reverse.  Fortunately, not as at 
Chancellorsville, a vigilant officer was here, who divined the movements of the 
foe and was prepared to meet him when he came.  Ward's brigade was posted on the 
left, near the Devil's Den in front of Round Top; De Trobriand's along the 
wooded and rocky ground by the Wheat Field; and Graham's reached to the 
Emmittsburg pike and for some distance along its course towards the village of 
Gettysburg.  This line was over a mile in length, facing the corps of Longstreet 
and a hill.  The odds were fearful.  At length the storm burst with a fury 
rarely paralleled in the annals of war.  The thin lines of Birney bent before 
it, but did not break.  Beating back the strong columns of the enemy on one part 
of the line only insured a blow with redoubled force in another.  Supports were 
called for and speedily came.  Sickles, stricken in the heat of the battle, was 
borne away, and the command of the corps devolved upon Birney.  It was an awful 
moment.  Should this wing give way the field would be irretrievably lost.  But 
the iron will of Birney was equal to the emergency.  With a fortitude 
unsurpassed, he brought his men to the fearful work, and battled with a superior 
force until one-half of the eight thousand who composed that heroic corps had 
gone down in the fight.  The enemy had everywhere been checked, and fresh troops 
had now come to take their 

MARITAL DEEDS OF PENNSYLVANIA - 566

places.  He accordingly gave the word for his worn-out men to retire.  Falling 
back, they took position on the new and more contracted line of battle, and 
these begrimed heroes who survived rested upon their arms for the night.  
Birney, though everywhere in the thickest of the fight, was hit but twice, only 
slight wounds being inflicted.  "Notwithstanding the stubborn resistance of the 
Third corps, under Major-General Birney," says Meade, in his report of the 
battle, "superiority in numbers and corps of the enemy enabling him to outflank 
its advanced position, General Birney was counseled to fall back and reform 
behind the line originally designed to be held." 
  After the battle of Gettysburg, General Sickles having lost a leg, and being 
incapacitated for further field service, by every principle of justice General 
Birney should have succeeded to the command of the Third corps; but other 
counsels prevailed, and it was found convenient to consolidate this corps with 
the forces stationed at Harper's Ferry under General French, and the latter was 
placed over the combined force, Birney returning again to the command of his old 
division.  It was the bane of the Army of the Potomac, that its officers were 
divided into cliques, actuated by certain political or professional views, and 
many an able soldier was crushed beneath the heel of the despotism of that one 
which happened to be in the ascendant.
  It is unnecessary to describe the part taken by General Birney in the forty or 
more battles in which he was engaged, and in which his valor shone conspicuous.  
Before entering upon the campaign of the Wilderness, the Army of the Potomac was 
reorganized.  The Third corps was broken up.  The First, Second and Fourth 
divisions of the Third were consolidated, forming the Third division of the 
Second corps, and General Birney was assigned to the command, thus enabling him 
to retain under him the men whom he had led from the first, and with whom he had 
been associated.  To the command of the corps General Hancock was assigned.
  At the opening of May, 1864, the army crossed the Rappahannock and, plunging 
into the dense wood, was soon lost to sight beneath the dense shadows of the 
Wilderness.  Scarcely had the movement commenced before it struck the columns of 
the

DAVID B. BIRNEY - 567

enemy marching to meet their assailants.  And now commenced one of the most 
remarkable and hotly-contested campaigns of the war.  Massive army corps were 
hurled against massive army corps, and not an inch was gained on either side 
without desperate fighting and the loss of myriads of brave men.  Until the keen 
blasts of winter swept the hills and valleys of Virginia, and the cold breath of 
the ocean chilled the blood of the contestants, was this struggle maintained in 
all its sanguinary horrors.  In the three days of battle in the Wilderness, in 
the two weeks of fighting before Spottsylvania Court-House, in the heroic charge 
across the North Anna on the 23d of May, at Cold Harbor during the first days of 
June, in the assault on the intrenchments before Petersburg on the 16th of June, 
and in the advance upon the Weldon Railroad, the division of Birney was where 
the fighting was sternest, and in all he led with the heroism of the bravest and 
the skill of the most renowned captains.
  In the advance upon the Weldon Railroad Birney was in command of the corps, 
Hancock having been incapacitated to lead by the breaking out of his wound 
received at Gettysburg.  The attack was to be made upon the enemy behind 
intrenchments.  The quick eye of Birney recognized the hopelessness of the 
movement, and he protested in earnest terms against it; but the order was 
imperative, and the commander-in-chief was inexorable.  Birney knew the strength 
of the enemy's works, and judged correctly of the preparations which would be 
made to receive the Union force.  The dispositions were skillfully made, and the 
assault delivered with great gallantry; but it failed of success, as its 
commander had foreseen from the first.  Birney was the subject of abuse, and the 
voice of detraction was loud against him.  But though the ignorant blamed and 
the envious were busy with aspersions, the Lieutenant-General, before whose 
ever-vigilant eye no deed was hidden, could discover nothing to censure.  On the 
contrary, he was filled with admiration for the cool courage and undaunted 
bravery displayed by the temporary leader of the corps, and it was not long 
before the promotion came which was justly earned.
  On the 21st of July General Birney wrote to his law partner:  "I am making 
every exertion to come home and recruit.  You

MARITAL DEEDS OF PENNSYLVANIA - 568

will see me in a few days, when I hope that business will permit you to join me 
in a trip to some quiet place, where I can lay aside shoulder-straps and enjoy a 
few evenings of quiet talk.  I am greatly bored by the want of something to do 
here.  Nothing relieves the monotony of the day but the occasional report of a 
heavy gun, which for a few moments starts us from our lethargy; but we soon 
relapse into as perfect quiet as if we were in some grove near by Philadelphia."  
That contemplated visit was never made.  That quiet, friendly converse in some 
cool retreat was never enjoyed.  Two days after thus writing he was assigned to 
the command of the Tenth corps.  In mentioning this promotion, in a letter to a 
friend, he speaks with a feeling of just pride:  "I am much pleased," he says, 
"with my new command.  My assignment to it by General Grant, in the field, in 
preference to a dozen others who deserved it, nearly all of whom outranked me, 
was a compliment far greater than if I had been assigned to the corps by the 
President upon political or personal grounds."
  It was not without a deep feeling of regret that he parted with the tried 
veterans of his old division, which the lamented Kearny had first led; but he at 
once took the field with his new command, and the sharp fighting and decisive 
gains of Deep Bottom showed that he had not assumed the duty of leading without 
the spirit and the will to face the enemy and drive him from his chosen ground.  
Again and again did that enemy, stung with mortification at his loss of guns and 
strong positions, return to the contest, hurling heavy masses of his best troops 
upon the devoted Tenth corps, but with little effect.  On the 19th of August he 
telegraphed to General Butler, who commanded the Army of the James, to which the 
Tenth corps belonged; "The enemy attacked my line in heavy force last night, and 
was repulsed with great loss.  In front of one colored regiment eighty-two dead 
bodies were counted.  The colored regimental troops behaved handsomely and are 
in fine spirits.  The assault was in column, a division strong, and would have 
carried the works if they had not been too well defended.  The enemy's loss was 
at least one thousand."
  For a time the Tenth corps, having returned to the Petersburg front, remained 
in the trenches, where little of daring was re-

DAVID B. BIRNEY - 569

quired.  While here General Birney was authorized to raise two new regiments, 
which were recruited with unusual celerity.  Indeed, the people of Philadelphia 
had observed the gallantry of Birney with pride and satisfaction.  In 
recognition of his eminent services the Select and Common Councils passed highly 
eulogistic resolutions, and tendered him the use of Independence Hall for a 
reception of his friends and the public.  But this flattering mark of favor he 
was unable to accept.
  A plan of operations for the Army of the James was concerted on the 20th of 
September by Generals Grant and Butler, and on the 28th the movement commenced.  
Its object was to surprise the rebel forces on the north bank of the James, and 
passing them, gain the city of Richmond.  To Birney was assigned the task of 
carrying the New Market road.  The Eighteenth corps and the cavalry of Kautz 
moved in conjunction.  The enemy were strongly posted and well intrenched on the 
New Market Heights.  The gallant men of the Tenth corps dashed forward, and 
though many were swept down before the enemy's fire, they faltered not till the 
works were gained and the foe was fleeing in confusion towards Richmond.  So 
important was the capturing of this position that Butler and Grant accompanied 
Birney in the advance, both expressing the greatest satisfaction with the 
result.  Not content with this victory, Birney pushed his columns forward in 
pursuit, Grant riding by his side, gaining the position at the intersection of 
the New Market and Mill roads; a portion of the corps reaching a point within 
six miles, and Kautz's division of cavalry within three miles of the rebel 
capital.  At this point General Grant telegraphed to General Halleck:  "General 
Ord's corps advanced this morning and carried the very strong fortifications and 
long line of intrenchments below Chapin' Farm, some fifteen pieces of artillery 
and from two to three hundred prisoners.  General Ord was wounded, though not 
dangerously.  General Birney advanced at the same time from Deep Bottom, and 
carried the New Market road and intrenchments, scattering the enemy in every 
direction, though he captured but few.  He is now marching towards Richmond.  I 
left General Birney where the Mill road intersects the New Market and Richmond 
roads.  This whole country is filled with fortifications thus far."

MARITAL DEEDS OF PENNSYLVANIA - 570

The success of this movement was a marvel in military operations.  Says an eye-
witness:  "Birney was at each of the lines laid out for him to attack at the 
very moment directed in the plans of the general movement.  No opposition 
offered by the enemy, no fatigue suffered by his men, no difficulties in the 
way, of any nature, however formidable, were permitted to check his progress; 
but at the hour set he was at the junction of the two roads, the point beyond 
which his movements were contingent upon circumstances, and subject to direction 
of his superior officers."
  The brilliant operations of the Army of the James caused infinite chagrin to 
the enemy, and to regain the lost ground was his absorbing study.  General Lee 
came from before Petersburg to plan and direct the operations in person, 
bringing with him the veteran division of Hoke.  On the afternoon of the 30th, 
having perfected his plans, he gave the signal for the assault, and with 
characteristic yells and enthusiasm, excited by the presence of the General-in-
chief of their army, these daring troops rushed forward to their bloody work.  
The soldiers of Birney were ready to receive them, and with a steadiness and 
determination unexcelled on any field.  They poured into the bosoms of the foe a 
leaden storm.  The shock was too terrible to withstand, and after struggling 
ineffectually to reach the Union line, the column broke and fell back in 
confusion.  Nothing daunted, their leaders reformed them, and with fresh troops 
drawn out in three compact lines, they again advanced with renewed spirit; but 
it was all in vain.  Their reception was, if possible, even warmer than at 
first, and again were they driven in rout and confusion.  A third time, goaded 
to desperation, did they advance over that field of blood, but with no better 
success.  The repulse was complete.  Over two hundred prisoners and several 
battle-flags were lost by the enemy in his last charge.
  Birney followed up his advantage on the morning of the 1st of October, sending 
forward strong reconnoitering columns which drove the enemy's skirmishers in 
upon the main line of fortifications.  The following day was spent in 
strengthening the new position.  For nearly a week the enemy remained 
comparatively quiet on General Birney's front, but the disgrace put

DAVID B. BIRNEY - 571

upon some of his best troops by the Army of the James was with impatience borne.  
An opportunity to wipe out the stain was studiously sought.  Early dawn of the 
7th was selected, and General Lee again came in person upon the ground with the 
divisions of Hoke and Fields, each four brigades strong, well supported by 
cavalry and artillery.
  On the previous day General Birney had been attacked by a malarious fever, and 
had placed himself under the care of the medical director of his division.  He 
had passed a restless night, and the fever was unabated.  The cavalry of Kautz 
was on Birney's front, and when the strong columns of the enemy advanced, in the 
first gray of the morning, Kautz was little able to stem the torrent, his force 
being almost instantly stampeded.  The artillery with a single regiment of 
mounted men alone remained firm.  The guns were served with rapidity, and did 
fearful execution.  But it was impossible for them to stay that wave of 
resistless valor advancing upon them, or to save the guns, and, when the enemy 
was just upon them, the gunners mounted their horses and dashed away to the 
rear.  This left nothing on the Tenth corps front, and the grand stampede of the 
cavalry and the loss of all their guns had anything but an inspiriting effect.  
The danger was imminent.  The rebel leader had determined to turn the flank of 
the Union position and compel a retirement to Deep Bottom.  The noise of battle 
had no sooner reached the ear of Birney than he rose from his bed, where through 
the long weary hours of the night he had tossed in the paroxysms of fever, and, 
in spite of the remonstrances of his medical adviser, mounting his horse, was 
quickly in the midst of his tried veterans marshalling them for the desperate 
encounter.  The dispositions were none too soon made; for scarcely had the 
artillery wheeled into position, and the infantry grasped their muskets, than 
the serried ranks of the foe were upon them.  And during all that terrible day 
of battle, where the bravest met the bravest, in whatever place the trial was 
sorest and the need most pressing, there the iron will of Birney was felt.
  Four batteries, of six guns each, had been posted in a commanding position, 
covering the open ground over which the

MARITAL DEEDS OF PENNSYLVANIA - 572

enemy must pass, and were concealed from view.  As the wild yell of the 
advancing foe rent the air, these were opened.  Soon the infantry joined, and on 
every side the work of carnage was pressed.  Every attempt of the foe to break 
Birney's lines was foiled, and the crest-fallen rebels again retired from before 
him.  At nightfall the victory was complete.  But the hero had fought his last 
fight, had won his last battle.  In the afternoon his fever returned with 
renewed violence, and he was obliged to dismount and take to his ambulance.  At 
night he returned to his head-quarters with the proud satisfaction of having 
gained the day; but disease had taken fast hold of him.  Three days after, he 
turned over the command of his corps to his next in rank, and, at the earnest 
entreaty of General Butler, consented to be taken to his home in Philadelphia.  
The boat Greyhound was sent to bear him to Baltimore, and thence he was carried 
by a special train to his destination.  It was the day of the State election for 
Governor.  Before going to his home he insisted on being taken to the polls to 
deposit his vote.  He was weak and had to be assisted from his carriage.  But 
even here the soldier, fresh from the gory fields of his country's defence, met 
a rebuff.  His right to vote was challenged, which involved delay.  But, as in 
battle, that stern resolve never varied, and not till his vote had been recorded 
did he turn away.  It was a characteristic act, and no better can be cited to 
exemplify the true character of David B. Birney.  On reaching his home medical 
aid was summoned, and after several days he was thought to be better, and he was 
let to believe, as he had constantly flattered himself since leaving the front, 
that he could shortly return.  But it finally became evident that his end was 
approaching, and that the noise of battle would never reach him more.  In his 
delirium he imagined himself on the point of departure, and calling to his 
faithful body-servant, he said:  "John, have my valise packed and my horse 
ready, for I am going back to-morrow."  At other times he imagined himself 
already there and in the act of preparing for battle.  "Boys," he exclaimed, 
"the road through the woods will soon be completed.  We must move on it 
cautiously and make an attack on the flank."  Believing the vision real when all 
was ready, he sprang up, saying:  "Tell my staff to get

DAVID B. BIRNEY - 573

ready, I am going now."  And as if already in the fray and catching glimpses of 
the advancing foe, as a last monition before meeting the terrible shock, he 
said:  "Keep your eyes on that flag, boys;" and these were the last military 
words that passed his lips.  The tongue soon after ceased to obey the dictation 
of the spirit, and a soul as true and brave as ever filled the bosom of a 
patriot passed to the presence of its Maker.
  He died on the 18th of October, and his remains, after lying in state, were 
committed to his last resting-place in Woodland Cemetery, on the banks of the 
Schuylkill, amid every demonstration of respect and love which devoted friends 
and a sorrowing city could bestow.  His death created a profound sensation in 
the army, where he had come to be regarded as among the ablest of its leaders.  
The Commander of the Army of the James issued the following orders:  "Soldiers 
of the Army of the James, with deep grief from the heart, the sad word must be 
pronounced, Major-General Birney is dead.  But yesterday he was with us - 
leading you to victory.  If the choice of the manner of death had been his, it 
would have been to have died on the field of battle as your cheers rang in his 
ears. . . .  Surrounded by all that makes life desirable - a happy home, 
endeared family relations - leaving affluence and ease, as a volunteer at the 
call of his country, he came into the service in April, 1861.  Almost every 
battle-field whereon the Army of the Potomac has fought has witnessed his valor. 
. . .  The respect and love of the soldiers of his own corps have been shown by 
the manner they followed him.  The PATRIOT - The HERO - The SOLDIER.  By no 
death has the country sustained a greater loss.  Although not bred to arms, he 
has shown every soldier quality, and illustrated that profession of his love and 
choice. . . .  Amid the din of arms, and pause a moment to draw from the example 
of his life the lesson it teaches.  To him the word duty, with all its 
obligations and incentives, was the spur to action.  He had no enemies, save the 
enemies of his country - a friend, a brother to us all, it remains to us to see 
to it, by treading the path of duty as he has done, that the great object for 
which he has struggled with us and laid down his life shall not fail, and his 
life be profitless."

MARITAL DEEDS OF PENNSYLVANIA - 574

CHARLES FERGUSON SMITH, Major-General of volunteers, was born in Pennsylvania, 
in 1805.  He was educated at West Point, where he graduated in 1825, and was 
made Second Lieutenant of Artillery.  Four years later, he was appointed 
Assistant Instructor of Infantry Tactics, at the Military Academy.  In 1831, he 
was made Adjutant, and, in the following year, First Lieutenant.  He was given 
the place of Instructor of Infantry Tactics in 1838, and promoted to Captain.  
At Palo Alto, Resaca de la Palma, Contreras, and Cherubusco, he behaved with 
marked gallantry and was brevetted Major and Lieutenant-Colonel, fairly winning 
by this service the title of a veteran soldier.  He was shortly after appointed 
acting Inspector-General in Mexico.  In 1854, he attained the full rank of 
Major, and, in the following year, of Lieutenant-Colonel.
  When the war of Rebellion opened, he was sought to lead the new troops, and 
was made Brigadier-General of volunteers, being assigned to command at Paducah, 
Kentucky.  At a moment of despondency on both sides in the battle of Fort 
Donelson, when the Union arms had been roughly handled and driven back from some 
of the ground originally taken, and each was ready to assume the defensive, 
General Grant says that "he saw that either side was ready to give way if the 
other showed a bold front, and he determined to do that very thing."  
Accordingly, Wallace was ordered to attack on the rebel left and retake the lost 
ground at that point, while Smith was directed to assault opposite the right.  
And now was seen what a resolute man in the moment of peril can effect.  When 
artillery and infantry were sweeping down with terrific fire the Union advancing 
column, and the raw troops were ready to fly, Smith appeared at their head with 
sword in hand, and shouted, "Forward!"  That word was enough.  Where before was 
despondency and terror was now but one thought - that of following where he 
should lead; and the triumph was achieved.  While the army was advancing south, 
after the victory at Donelson, General Grant fell under the displeasure of 
General Halleck, who was in chief command, and he was suspended for the space of 
ten days, during which time General Smith was intrusted with the entire 
management of the army.  Halleck complained to the authorities at Washington

CHARLES F. SMITH - ROBERT MORRIS, JR. - 575

that Grant had left his command and gone to Nashville to confer with Buel 
without orders, and that he had failed to report his numbers and exact positions 
- all of which charges appear to have been unfounded - and he adds:  "C. Smith 
is almost the only officer equal to the emergency."  It was while General Smith 
was in command that the movement of the army was made which carried it upon the 
battle-ground of Shiloh, or Pittsburg Landing.  General Grant was loudly-blamed 
after the battle for taking position here, with a hostile army in his front and 
a wide deep river at his back.  But the responsibility for that movement, and 
the selection of that ground, was entirely with General Smith.  "It was chosen," 
says General Sherman, "by that veteran soldier, Major-General Charles F. Smith. 
.  .  General Smith ordered me in person also to disembark at Pittsburg Landing, 
and take post well out, so as to make plenty of room, with Snake and Lick Creeks 
the flanks of a camp for the grand army of invasion.  It was General Smith who 
selected that field of battle, and it was well chosen.  On any other, we surely 
would have been overwhelmed, as both Lick and Snake Creeks forced the enemy to 
confine his movement to a direct attack, which new troops are better qualified 
to resist than where the flanks are exposed to a real or chimerical danger."  
Halleck, however, became reconciled to Grant before the battle came on, and the 
latter again resumed command.  Unfortunately for the country, General Smith was 
soon after prostrated by sickness, and when the battle was fought he was too ill 
to lead his division.  In debarking from a transport a few weeks before, he fell 
and received injuries which disabled him.  So serious were they, that a fever 
followed, which, together with a chronic dysentery contracted while in service 
in Mexico, resulted fatally on the 25th of April, 1862.  At the period of his 
death he was regarded as one of the ablest of the Union Generals, and his loss 
at the very opening of the great events of the war was deeply felt.

ROBERT MORRIS, JR., Major of the Sixth Cavalry, a son of Robert Morris, M.D., of 
Philadelphia, and a great-grandson of Robert Morris, one of the Revolutionary 
patriots, and their ablest financier, was at the time of his death in the 
twenty-

MARITAL DEEDS OF PENNSYLVANIA - 576

seventh year of his age.  He was educated in the University of Pennsylvania, and 
at the outbreak of the war was a member of the City Troop, in which he served 
through the three months' campaign under Patterson.  At the expiration of this 
term he assisted in recruiting the Sixth Cavalry, of which he was made Major.  
He distinguished himself upon the Peninsula in the summer of 1862, and at the 
battle of Malvern Hill was wounded in the bridle hand, but refused to leave his 
place in the line.  He had commanded of the regiment in Stoneman's celebrated 
raid, which he continued to hold to the day of his death.  Up to the time of his 
assuming authority this regiment had carried the lance.  In a country such as 
that wherein the armies were operating, this weapon was comparatively useless.  
Major Morris discarded it and substituted the carbine.  In the great cavalry 
action at Beverly Ford, on the 9th of June, 1863, he had the long-coveted 
opportunity to show the prowess of his men; and when the command came to him 
from General Buford, "to clear the woods in his front," he led out his force as 
only one can who has confidence in himself and in those who follow him.  The 
steeds were soon put to a charging pace, and when arrived almost in reach of the 
enemy's line of battle they were saluted by grape and canister from a battery to 
their left, which was served with deadly effect.  Then followed a hand-to-hand 
struggle in which the Sixth would have been completely overpowered, had not 
relief been sent.  It was in this combat that the horse of Major Morris fell 
wounded upon his side, carrying down the rider, and before he could extricate 
himself he was taken captive and borne away to Libby Prison, where the harsh 
treatment accorded to its inmates soon broke his constitution, and rendered him 
peculiarly susceptible to the disease of which he died, on the 12th of August, 
after a short illness.  His remains were interred at Oakwood Cemetery, being 
followed to the grave by Chaplain McCabe, United States Army, and Lieutenants 
Lennig, Colladay, and Herkness of the Sixth Cavalry, his fellow-prisoners.  
"Major Morris," says Colonel Starr, "was a cool, brave, able and ever-ready 
leader.  Men and officers were always glad when he rode at the head of the 
column.  He was a strict disciplinarian, but he never favored himself; a man of 
high tone and principle, a 

CHARLES RIVERS ELLETT - 577

reliable friend and a model soldier.  Had fortune favored, he would have made a 
reputation which would have gone far beyond the limits of his own regiment."

CHARLES RIVERS ELLETT, Colonel of volunteers, was born in Philadelphia in 1843.  
He was the son of Colonel Charles Ellet, Jr., an eminent civil engineer, 
elsewhere noticed.  The son received a thorough education, which was 
subsequently enriched by foreign travel and a residence in Paris.  He studied 
medicine on his return to this country, and at the outbreak of the Rebellion was 
appointed Assistant Surgeon.  But preferring to follow the fortunes of his 
father, when the latter went West to construct rams upon the Mississippi, he 
accompanied him.  After the destruction of the rebel fleet in the action off 
Memphis, he was sent to demand the surrender of the city, which was reluctantly 
accorded, and the stars and stripes were unfurled over the Post-Office, in the 
midst of an angry and threatening crowd of the populace.  By order of his uncle, 
General A. W. Ellet, who had succeeded his brother in chief command, he, with a 
few daring spirits, was sent to communicate with Admiral Farragut, who was lying 
with his fleet below Vicksburg.  The party were obliged to wade through almost 
impenetrable swamps, and often lie flat for hours in mud and water to elude the 
vigilance of the enemy, at every turn suffering great privation.  They finally 
reached the flag-ship "Hartford," and, signaling, were taken on board more dead 
than alive.  They were received with kindness by the good Commodore, recruited 
and sent back with dispatches, thus opening communications with the fleet below 
and the Union forces above for the first time.
  Upon the organization of the Marine brigade, for service upon the waters of 
the Mississippi, he was commissioned Colonel therein, and given command of the 
"Queen of the West."  He succeeded in running successfully the rebel batteries 
at Vicksburg, Port Hudson, and other points upon the river, and made a 
reputation for enterprise and daring.  In February, 1863, he moved up the Red 
river, capturing rebel craft as he went, till he reached a point opposite a 
rebel fort, where his vessel was run aground by a treacherous pilot, and the 
boat was soon disabled, 

MARITAL DEEDS OF PENNSYLVANIA - 578

falling into the enemy's hands.  Ellet made his escape by means of a bale of 
cotton, and was picked up by another of his vessels.  At the siege of Vicksburg 
he rendered signal service to General Grant in opening and maintaining 
untrammeled his communications.  While engaged in this service, from over-
exertion and the miasms of the swamps, he contracted a disease from which he 
soon after died suddenly, at the age of twenty.  He was a man of great activity, 
fertile in resource, and died greatly lamented.

HENRY C. WHELAN, Lieutenant-Colonel of the sixth cavalry served as First 
Lieutenant in Company F, Seventeenth regiment of the three months' service, and 
upon the organization of the Sixth cavalry was commissioned Captain of Company 
C.  During the first two years he was almost constantly at the post of duty, and 
executed every trust with ability and fidelity.  In February, 1863, he was 
commissioned Major, and during the arduous duties of the campaign which 
followed, his constitution, which was never strong, received such a shock that 
he was obliged to leave the field, soon after the close of the Mine Run 
campaign, and never returned, having died of pulmonary disease in Philadelphia 
on the 2d of March, 1864.  "Major Whelan," says Mr. Gracey, author of "Anals of 
the Sixth," "was distinguished in the regiment for soldierly qualities, his 
manly presence, and courteous manners.  He was a strict disciplinarian in camp, 
and a brave and judicious leader in the field; a man in whom the war developed 
great thoughtfulness of character and earnestness of purpose.  He had before 
been obliged to take leave of absence on account of ill health, and had returned 
to duty against the advice of his physician and friends.  His death was 
sincerely and deeply felt throughout the regiment, where he had won the respect 
and esteem of all, and to which he left a conspicuous example of self-sacrifice 
and devotion to duty."

THOMAS A. ZEIGLE, first Colonel of the One Hundred and Seventh regiment, was 
born at York, Pennsylvania, on the 28th of September, 1824.  He was educated at 
Pennsylvania College, Gettysburg.  For the Mexican War, which broke out about 
the time of his leaving this institution, he volunteered as a

HENRY C. WHELAN - THOMAS A. ZEIGLE - 579

private in Company C, of the First Pennsylvania regiment.  This noble body of 
men participated in the siege of Vera Cruz, fought at Cerro Gordo, Passa La 
Hoya, and Huamantila, and was at the siege of Puebla and Alisco.  It was left at 
Puebla and at Perote - four companies at the latter place under Colonel Wynkoop, 
and six at the former under Lieutenant-Colonel Black - to preserve the 
communications, and hold these important points, while General Scott, with the 
rest of his army, advanced upon the city of Mexico.  Zeigle gained promotions by 
his soldierly conduct in these campaigns, and at the conclusion of the war, in 
1848, came home as Captain of his company.
  On returning to private life he prosecuted the study of the law, but his 
tastes were martial, and he gave much attention to military matters.  He 
organized an amateur company of volunteer militia, known as the Worth Infantry, 
which attained great proficiency and a wide reputation for accuracy of drill, 
both as light infantry and Zouaves.  With this company, and the York Rifles, he 
moved toward Baltimore at the time of the destruction of the railroads and 
bridges near that city, in April, 1861.  An end having come to this destruction, 
he returned and encamped at York.  He was soon after appointed Colonel of the 
Sixteenth regiment for three months' service, of which his own favorite company 
formed part.  He served, during this campaign, in Patterson's column, in the 
Shenandoah Valley.  Upon his return, at the expiration of his term, he was 
authorized by the Secretary of War to recruit a regiment for three years.  The 
full complement of men was not obtained until March, 1862, when he was 
commissioned Colonel, the organization being designated the One Hundred and 
Seventh regiment.  He was ordered to Washington, soon after, with his command, 
which was assigned to the brigade of General Duryea.  Colonel Zeigle served with 
intelligence and credit in the corps of General McDowell until July 15th, 1862, 
when he died, after a short illness, from congestion of the brain, in the field, 
near Warrenton, Virginia.  His remains received funeral honors appropriate to 
his rank, and after being embalmed were returned to his former residence at 
York, where they were consigned to their last resting-place with imposing civic 
and military ceremonies.

MARITAL DEEDS OF PENNSYLVANIA - 580

JOSEPH HEMPHILL WILSON was born on the 16th of May, 1820, in Franklin township, 
Beaver county, Pennsylvania.  He was a son of Thomas, and Agnes (Hemphill) 
Wilson, natives of the United States, but of Irish descent.  He was educated at 
Jefferson College, at Canonsburg.  Until the age of twenty-two he was a farmer.  
He subsequently studied law, and became one of the most trusted of his 
profession at the Beaver county bar.  He early formed studious habits, which 
were preserved during life.  One who knew him well says of him:  "He was social 
and pleasant in his manners, kind-hearted, attentive to the sick and those in 
distress, easily approached and generous, temperate, virtuous, religious, and 
eminently exemplary in private life.  He was not a profound thinker, but a 
popular man.  As a lawyer his honesty was ever recognized."
  In 1853 he was elected to the office of District Attorney for Beaver county, 
which he held for a period of three years, discharging its duties with marked 
integrity.  In 1858 he was elected a member of the lower house of the State 
Legislature, and was returned for the two succeeding terms.  In September, 1861, 
he was commissioned Colonel of the One Hundred and First regiment, which he had 
been largely instrumental in recruiting.  He was active in the siege of 
Yorktown; and in the battle of Williamsburg, though not long under fire, 
displayed great coolness and courage.  Three days after the battle, he was 
attacked with typhoid fever, the result of hardship and exposure, and died at 
the house of a farmer near Roper's Church, on the 30th of May, the day before 
his regiment fought so determinedly at Fair Oaks.  A fellow-officer says of him:  
"No man could have been more respected by his regiment.  Every one in it loved 
him.  He was too kind-hearted to be a strict disciplinarian; but such was the 
respect felt for him that he had no difficulty in securing the most implicit 
obedience to all his orders.  On the march, he was often known to walk for miles 
that a sick man might ride, and when short of provisions he would share his last 
ration with the men.  While he lived no comfort was wanting in his command that 
it was possible for him to obtain, and he seemed to hold his regiment in the 
same regard that he would have done his family."  The loss of Colonel Wilson 
just at the opening of

HENRY C. WHELAN - THOMAS A. ZEIGLE - 581

an honorable career was deeply felt in the community where he dwelt, and nowhere 
more than among his companions in arms.  In person he was five feet ten inches 
in height and well formed.  He was never married.

THOMAS WELSH, Colonel of the Forty-fifth regiment and Brigadier-General, was 
born at Columbia, Pennsylvania, on the 5th of May, 1824.  He was the son of 
Charles and Ann (Dougherty) Welsh.  After receiving a common-school education, 
he engaged in the lumber trade with Mr. John Cooper.  At the breaking out of the 
Mexican War, he volunteered as a private in the Second Kentucky regiment.  In 
the fierce fighting at Buena Vista, he received a severe wound in the leg, by 
which he was disabled and from which he never fully recovered, undergoing much 
suffering at times from its effect during his whole life.  He was for a time in 
hospital on the field, but subsequently returned home.  As soon as he was 
sufficiently improved he went again to his regiment, and, for gallant conduct 
and bravery on the battle-field, was commissioned Lieutenant, in which capacity 
he served to the close of the war.
  The echoes from Sumter, in 1861, had scarcely died away, when, with that 
determination and zeal which ever characterized him, he marched with a company 
of volunteers to Harrisburg, being among the first to arrive.  He was soon after 
sent in the direction of Baltimore, on the line of the Northern Central Road.  
By his opportune arrival he was instrumental in saving several important bridges 
on that great thoroughfare.  He was subsequently ordered back to York, where his 
company was incorporated in the Second three months' regiment, of which he was 
unanimously elected Lieutenant-Colonel.  He served in the army of Patterson in 
the Shenandoah Valley.  On being mustered out, he at once set about recruiting a 
regiment for the war, which was speedily accomplished, of which he was 
commissioned Colonel, known as the Forty-fifth of the line.  Recognizing his 
ability as a soldier and the great advantage to be derived from his services in 
organizing the volunteers, not one in a thousand of whom was acquainted with 
military duty, he was made commandant of Camp Curtin.

MARTIAL DEEDS OF PENNSYLVANIA - 582

  At the opening of the spring campaign of 1862, he was sent with his regiment 
to the Department of the South, and, in the battle of James Island, he had 
command of a brigade.  Shortly afterwards he was ordered to report to General 
Burnside and was sent to Newport News.  From this place he proceeded to Acquia 
Creek with the troops destined for the reinforcement of General Pope, where, for 
some time, he was commandant of the post.  With Burnside's corps he moved into 
Maryland, and, at South Mountain and Antietam, performed important service.  In 
the battle of Fredericksburg, on the 13th of December, 1862, he was upon the 
right centre, opposite the fatal stone-wall and Marye's Heights, when his 
command was subjected to a terrific fire.  So brave and heroic was his conduct 
on that field that his superior officers, Generals Burnside, Parke, and Wilcox, 
earnestly sought his promotion to Brigadier-General.  This was accorded him, and 
he afterwards commanded the First brigade, and at times the First division of 
the Ninth corps.  Soon after the battle of Fredericksburg this corps was ordered 
West, and, after performing duty for a time in Kentucky, was sent to the aid of 
General Grant before Vicksburg.  After the fall of that place he marched with 
Sherman to Jackson against the army of General Johnston.  In this campaign, 
General Welsh, in common with many other officers of the Northern army, 
contracted disease that proved fatal.  After the repulse of Johnston the Ninth 
corps returned North.  In the march to Jackson and return, which proved very 
exhausting, General Welsh was much exposed to the malarious influences of the 
climate, and, while upon the voyage up the Mississippi, he was prostrated with 
congestive fever.  The journey from Vicksburg to Cairo and thence by rail to 
Cincinnati consumed eight days - days of anguish and suffering, when thoughts of 
home and family came often thronging to his mind.  Arrived at the latter city, 
he was taken to the house of Charles O. Lockard, a friend and former townsman; 
but he only survived seven hours, his final dissolution coming unexpectedly to 
all.
  A notice of his death in the Columbia Spy closes with the following tribute to 
his memory:  "Brave as a soldier, popular as a man, genial as a friend, 
affectionate as a husband, indulgent and

JOSHUA B. HOWELL - 583

kind as a father, he passed away from amongst us, and the sun of his usefulness 
has set,
      "'As sets the Morning Star, which goes
        Not down behind the darkened West, nor hides
        Obscured amid the tempests of the sky,
        But melts away into the light of heaven.'"

JOSHUA B. HOWELL, Colonel of the Eighty-fifth regiment, and Brevet Brigadier-
General, was a native of Somerset county, Pennsylvania.  He was commissioned 
Colonel of this regiment on the 12th of November, 1861, and moved to the 
Peninsula with McClellan's army.  As a part of Keim's brigade of Keyes' corps, 
his regiment had the advance in the operations which drove the enemy in upon 
their capital.  At Fair Oaks a great disaster befell it, the enemy coming upon 
it in overwhelming force, and thrusting it back, entailing severe loss.  After 
the evacuation of the Peninsula, Wessell's brigade, embracing the Eighty-fifth, 
was sent to North Carolina, where, in connection with the corps of General 
Foster, it made a short campaign into the interior.  On its return it was 
transferred to the Department of the South, where, upon his arrival, Colonel 
Howell was put in command of a brigade and continued in that capacity the 
greater portion of the time during the remainder of his service.  He was 
employed in the operations for the reduction of Charleston, and during the siege 
for the possession of Fort Wagner, which was conducted under General Gilmore, 
was subjected to great hardship and responsibility.  It was here, on the 30th of 
August, that Lieutenant-Colonel Purviance was killed.
  In April, 1864, Colonel Howell with his command was ordered to Virginia, and 
on the 20th of May he led his brigade in a daring charge on the enemy's works, 
driving them out and taking the fortifications at the point of the bayonet.  He 
participated in the vigorous operations of the Tenth corps on the north side of 
the James, leading his brigade until the early part of September, when he was 
assigned to the command of a division of colored troops.  On the 12th of this 
month he received fatal injuries by the fall of his horse, and died two days 
thereafter.
  Colonel Howell was a devoted officer, and was sincerely esteemed by his 
troops.  When his regiment was shut up on one of the sea-

MARTIAL DEEDS OF PENNSYLVANIA - 584

islands around Charleston harbor soon after their arrival, and the men were 
unable to procure tobacco, an article which many of them had never been without, 
he sent away and purchased it by the keg and distributed it freely to them.  His 
soldierly and heroic bearing was proverbial.  Prisoners who were taken said that 
in the rebel army the conspicuous figure of that "old, daring, white-headed 
officer" was well known, and that their commanders had frequently ordered them 
to single him out with their rifles, but that they had failed to reach him.  
Only three times during his over three years of service was he absent from his 
command - one of these an occasion of rising from a sickness of typhoid fever, 
and another only extending to Philadelphia on business.  In battle he was cool 
and courageous, never saying, "Go, boys," but, "Follow me."  General Terry said 
of him, "He was both a soldier and a gentleman; his death is a loss both to the 
army and the country."

JOHN BUTLER CONYNGHAM, Colonel of the Fifty-second regiment, was born at 
Wilkesbarre, Pennsylvania, on the 29th of September, 1827.  His father, John N. 
Conyngham, a native of Philadelphia, was President Judge of the Eleventh 
Judicial District of the State.  His mother, Ruth Ann Butler, was a 
granddaughter of Captain Zebulon Butler, a Revolutionary officer who commanded 
the patriots in the battle of Wyoming, on the 3d of July, 1779.  He was educated 
at the Wilkesbarre Academy, at St. Paul's College, Long Island, and finally at 
Yale College, New Haven, where he graduated.  He was admitted to the bar of 
Luzerne county at the August term, 1849, and afterwards practiced at St. Louis, 
Missouri, for a period of five years.  Returning to Wilkesbarre, he resumed 
business there, which he followed successfully until the opening of the war.  He 
had been connected with the militia, as a member of the Wyoming Light Dragoons, 
and when the Eighth regiment of the three months' service was formed he entered 
it as Lieutenant.  He assisted in recruiting the Fifty-second, a veteran 
regiment, of which he was commissioned Major.  In January, 1864, he was promoted 
to Lieutenant-Colonel, and, in March, 1865, to Colonel.  He went with his 
command to the Peninsula, and in the battle

JOHN B. CONYNGHAM - 585

of Fair Oaks won the warm commendation of General Naglee, for his courage and 
skill displayed in a pressing emergency.
  Early in the year 1863, the Fifty-second was sent to the Department of the 
South, and here he was engaged in all the operations undertaken for the 
reduction of Fort Wagner.  The siege was especially severe, and the labor in 
making regular approaches, under a sun in a southern clime, was very wearing.  
Its fall was a subject of great rejoicing.  In June, 1864, a scheme was formed 
for the reduction of Charleston, which involved the capture of Fort Johnson.  
The advance was to be made in three columns embarked in boats.  One o'clock, on 
the morning of the 3d of July, was fixed for the embarkation.  It was low-tide 
at that hour, and the party which the Fifty-second headed had difficulty in 
crossing the bar which lay in the way; but that was passed, and when nearing the 
shore they were discovered, and the alarm was given.  Without quailing before 
the fire that was opened upon them, they landed, captured a two gun battery, 
driving out the foe, and, charging the main work two hundred yards on, crossed 
the side of the fort and had gained the coveted position, when it was found that 
the supporting columns had failed to follow.  No alternative but surrender 
remained, and the entire party fell into the enemy's hands.  The advance upon 
the main work was made in the face of a terrible fire, in which Colonel 
Conyngham received a buckshot wound in the cheek.  "The boats," says General 
Foster, in orders, "commanded by Colonel Hoyt, Lieutenant-Colonel Conyngham, 
Captain Camp, and Lieutenants Stevens and Evans, all of the Fifty-second, rowed 
rapidly to the shore, and these officers, with Adjutant Bunyan (afterwards 
killed), and one hundred and thirty-five men, landed and drove the enemy; but, 
deserted by their supports, were obliged to surrender to superior numbers. . . .  
They deserve great credit for their energy in urging their boats forward, and 
bringing them through the narrow channel, and the feeling which led them to land 
at the head of their men was the prompting of a gallant spirit, which deserves 
to find more imitators."  Colonel Conyngham, with the officers of the party, was 
confined at Macon, and was afterwards placed under the fire of the Union guns in 
the city of Charleston.  He was mus-

MARTIAL DEEDS OF PENNSYLVANIA - 586

tered out of service with his regiment on the 12th of July, 1865, and was 
appointed Captain in the Thirty-eight infantry of the regular army.  He died in 
May, 1871, of disease contracted in the service while stationed in Texas.

DAVID MORRIS, JR., Major of the Forty-eighth regiment, was born at Bridgewater, 
Beaver county, Pennsylvania, on the 7th of September, 1831.  He was the son of 
David and Rachel (Berry) Morris.  He was educated at Jefferson College, where he 
graduated in 1850, and received his professional training in the Medical 
Department of the University of Pennsylvania.  For a period of four years he 
practiced his profession at Beaver, at the end of which time he removed to 
Pittsburg, and opened a drug store.  He was on the point of entering into 
partnership in his profession with an eminent physician of that city, when his 
contemplated associate was removed by death, and he returned in 1860 to Beaver.  
He entered the service of the United States on the 23d of September, 1861, as 
Surgeon of volunteers, with the rank of Major, and was assigned to duty with the 
Forty-eighth regiment.  Before departing he was married to Miss Sarah Howell 
Agnew, second daughter of Chief Justice Agnew.  His regiment was first sent to 
Hatteras Inlet, North Carolina.  In February, 1862, Major Morris was detailed to 
duty with the Ninth New Jersey regiment, the Surgeon of which had perished in 
the surf while attempting to reach the shore.  He was landed on Roanoke Island 
on the 7th, and remained all night upon a swampy beach.  On the morning of the 
8th the battle of Roanoke Island opened, and the wounded soon came streaming to 
the rear.  It was his first field-service.  For several days and nights he 
continued on active duty without intermission, having, at one time, in charge a 
hospital containing sixty rebel wounded in addition to his own.  He was wholly 
prostrated by his labors, and his exhaustion was followed by an attack of what 
was then thought to be bilious colic; but is since believed to have been 
intestinal intussusception.  On the evening of the 13th he grew easy, and it was 
supposed that the severity of the attack had passed; but on that night he began 
to sink, and died on the morning of the 14th.  Brigade-Surgeon William Henry 
Church

DAVID MORRIS, JR. - PROSPER DALIEN - 587

says in his report:  "Words cannot express to you my distress at the loss of Dr. 
Morris.  During the action of February 8th, he had charge of the hospital at 
Ashby's House.  He worked there unceasingly day and night until yesterday.  I 
never gave him an order, for the reason that he promptly performed any duty 
asked.  Even our short acquaintance had inspired me with the greatest respect 
and admiration for his character, and in his death you and the army have every 
reason to deplore his loss.  I saw him yesterday, and he agreed with me in the 
conviction that his illness would be slight, and I then left him, my mind 
impressed with the fear that I had overtasked a too willing professional 
brother.  If there is any mark of respect that can be bestowed upon a deserving 
officer, I most urgently request that it may be extended to my deceased friend, 
as every regiment owes him a debt of gratitude."  In general orders it was 
declared, "He lost his life by disease brought on by his untiring devotion to 
the wounded during and after the action of the 8th.  To the forgetfulness of 
self which kept him at the hospital, regardless of rest or sleep, the department 
owes a debt of gratitude."  He was characterized as "one whose patriotism and 
conscientious sense of duty led him to sacrifice himself for his country, a man 
of high order of intellect, and of a cultivated mind, an exemplary Christian, a 
physician of excellent standing, and a gentleman in all his deportment."  He was 
beloved by his own regiment, and his character was impressed upon those among 
whom he died, though strangers, and was beautifully and simply expressed in the 
inscription upon the little wooden slab that marked his temporary grave at 
Roanoke Island:
     "Gentleman - Patriot - Scholar.  Requiescat in pace."

PROSPER DALIEN, brevet Major of the Two Hundred and Eighth regiment, was born at 
Nancy, France.  He was educated at Nancy, and at the military school at St. Cyr.  
Upon his graduation he became an officer in the French army and served through 
the Italian War of 1859, as Lieutenant of cavalry, and was brevetted Captain, 
and presented with two medals for gallant conduct at Solferino, by Napoleon III.  
He was given authority to recruit a company for the Two Hundred and Eighth 
regiment,

MARTIAL DEEDS OF PENNSYLVANIA - 588

in the summer of 1864, and, on the 9th of September, he was commissioned Captain 
of Company C.  He was an efficient officer, and soon made his influence felt in 
the regiment both by his example and his counsel.  His friends, knowing of his 
superior training, sought to have him transferred and placed in a higher 
command.  When General Hartranft, who was over the division to which he 
belonged, became aware of his skill and experience, he detailed him for duty 
upon his staff as engineer.  This was a position more to his taste.  It was 
while serving in this capacity that the most notable exploit of his life was 
performed, and in which he received his mortal wound.  He chanced to be staff 
officer of the day when Fort Steadman - a work on the main Union line before 
Petersburg - was attacked and captured on the morning of March 25th, 1865.  At 
half-past four in the morning, divining by the sound that an attack was being 
made, he leaped upon his horse, and rode to the scene of the struggle.  At five 
minutes past five he had reported the disaster to General Hartranft, whose head-
quarters were more than a mile away, and, receiving the instructions of that 
officer, immediately led the nearest regiment - which happened to be his own - 
to the breach, putting it in upon the left, while General Hartranft moved in 
person upon the front and right.  Seeing the regiment upon the front hard 
pressed and falling back, in the midst of a furious storm of deadly missiles he 
attempted to reach it; but before he was far on his way his horse was killed by 
a shell, and he hurried forward on foot.  In less than five minutes he was 
struck by a Minie ball and mortally wounded in the left lung.  He was taken to 
the hospital at City Point, and subsequently to Washington, where hopes were 
entertained of his recovery, having received in both places the tender 
ministrations of Mrs. Theodore Fenn, of Harrisburg.  But on the night of the 2d 
of June a severe hemorrhage set in, which terminated his life in a few hours.  
His body was embalmed, and buried in Kalma Cemetery at Harrisburg.
  The brevet rank of Major was conferred upon him as a reward for his 
meritorious conduct on that fatal morning.  In forwarding his commission to his 
father in France, General Hartranft, after narrating the circumstances of the 
engagement, said:  "He thus 

PROSPER DALIEN - 589

fell in the full discharge of his duties as a brave and gallant officer.  Much 
of my success depended upon his prompt report that Fort Steadman was captured by 
the enemy.  It enabled me to place the few troops then convenient in such 
position as to prevent the enemy from making any further advance, and without 
further advance he had gained no advantage.  When the balance of my troops came 
up, the foe was driven out with loss, leaving his dead and wounded on the field, 
with two thousand prisoners and eleven battle-flags in our hands."  In his 
relations to his men Captain Dalien was kind and considerate, and had their 
respect and love in a remarkable degree.  Whilst a staff officer he was careful 
to save those of slender constitutions from unnecessary exposure, always 
detailing men of robust health for duty in severe weather.
  While he was at city Point, President Lincoln visited all the hospitals there, 
and as he came to the cot of Captain Dalien he took him by the hand and asked 
his name and rank.  When he had learned who the wounded soldier was, the good 
President seated himself upon a cracker box that had been ingeniously converted 
into a camp chair, and entered into familiar conversation with him.  He 
complimented the Captain for his services at Steadman, and said that he had 
heard all about him at headquarters, and that the War Department was about 
making out his brevet.  He promised him a place in the regular army if he 
recovered, and addressed him when he left as AMERICA'S SECOND LAFAYETTE.