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Updated: June 22, 2025
During the battle Getty and Carroll were wounded, but remained on the field. One of Birney's most gallant brigade commanders Alexander Hays was killed. I had been at West Point with Hays for three years, and had served with him through the Mexican war, a portion of the time in the same regiment. He was a most gallant officer, ready to lead his command wherever ordered.
This communication, signed in the form of a regular opinion by both these eminent gentlemen, was received by his lordship on the fourth day after Birney's visit to him on the subject. About a quarter of an hour after he had perused it, his lordship's bell rang, and Morty O'Flaherty, his man, entered. "Morty," said his lordship, "desire Lord Dunroe to come to me; I wish to speak with him.
Be it so; I shall at least warn him, take it as he will; and if all else should fail, I will disclose to him my name and family, in order that he may know, at all events, that I am no impostor. My present remonstrance may so far alarm him as to cause the persecution against Lucy to be suspended for a time, and on' Birney's return, we shall, I trust, be able to speak more emphatically."
"I told you in my last that the mob broke into Birney's press, where, however, the mischief done was but slight. The object appeared to be principally to terrify.
By this time Hancock, who had gone with Birney's division to relieve Barlow, had returned, bringing the division with him. His corps was now joined with Warren's and Wright's in this last assault. It was gallantly made, many men getting up to, and over, the works of the enemy; but they were not able to hold them. At night they were withdrawn.
Birney's contention that unless the slave is freed no one can be free was thus vindicated: the issue involved vastly more than the mere emancipation of slaves. The attack made in defense of slavery upon the rights of freemen was early recognized as involving civil war unless peaceable emancipation could be attained.
Some of Birney's regiments, tardily coming forward to Meade's support, were swept away, and the yelling line of grey infantry, shooting down the fugitives and taking many prisoners, pressed on towards the Richmond road.
During the battle Getty and Carroll were wounded, but remained on the field. One of Birney's most gallant brigade commanders Alexander Hays was killed. I had been at West Point with Hays for three years, and had served with him through the Mexican war, a portion of the time in the same regiment. He was a most gallant officer, ready to lead his command wherever ordered.
In Major William F. Tiemann's truly admirable "History of the 159th New York," he says: "July 26th we were camped near Major-General Birney's headquarters, not far from Hatcher's house between batteries 'five' and 'six, one of which enjoyed the euphonious title of 'Fort Slaughter. . . . The works were built more strongly and with more art than at Port Hudson, but were not nearly as strong in reality, as Port Hudson was fortified naturally and the obstructions were much harder to overcome."
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