IN THE FIELD.Appointed Major—Judge Advocate—Lieutenant-Colonel—South Mountain—Wounded—Fighting while Down—After Morgan—Battle of Cloyd Mountain—Charge up the Mountain—Enemy's Works Carried by Storm—First Battle of Winchester—Berryville. That a loyal citizen of the antecedents, ardent patriotism, and impulsive nature of Rutherford B. Hayes would enter the army in the war for the Union, was to be looked for as a thing of course. He had been in the habit of obeying every call of duty, and could not therefore disobey when duty called loudest. He regarded the war waged for the supremacy of the constitution and the laws as a just and necessary war, and preferred to go into it if he knew he "was to die or be killed in the course of it." He had been a most earnest advocate of the election of Mr. Lincoln to the Presidency, and had been an anti-slavery man of established convictions long before the candidacy of Fremont for the Presidency. He did not think the Union should be destroyed to make slavery perpetual. He desired to mitigate and finally eradicate that evil. He had prayed for the election of General Harrison for the sake of the country; he had cast his first vote for Henry Clay, his second for General Taylor, and his third for General Scott. But the old Whig party having ceased to be a living organization, he gave his whole heart to the Republican party and its cause, After a brief period of discipline at Camp Chase the regiment was ordered, on the 25th of July, to Clarksburgh, West Virginia, and on the 29th went into camp at Weston. We shall not follow it in this or in subsequent campaigns, in its marching, scouting, skirmishing, or counter-marching. It is enough to say, that in this first campaign it assisted in clearing the Major Hayes was appointed by General Rosecrans, on the 19th of September, 1861, judge advocate of the department of Ohio, the duties of which service he discharged about two months. He received his first promotion, to the rank of lieutenant-colonel, October 24, 1861. Passing over less important events, we come to the first serious battle in which he was engaged. THE BATTLE OF SOUTH MOUNTAINWas fought on Sunday, September 14, 1862, a beautiful, bright September day. The enemy were in possession of the crest of the mountain, where the old National road crossed it. The army of McClellan, with Burnside in advance, were pressing up that mountain by the National road as its center. General Cox's division of Burnside's corps was in advance. The brigade to which Lieutenant-colonel Hayes was attached was in advance of the division. His regiment was in advance of the brigade. He was ordered to pass up a mountain path on the left of the National road and feel for the enemy, advancing until he struck him; to push him up the mountain if he could; in short, to open the engagement. Lieutenant-colonel Hayes pushed into the woods, came upon the enemy's pickets, received their fire, and drove them in. He soon saw a strong force of the enemy coming toward the line of his advance from a neighboring hill, and went to meet them. Hayes charged into that force with a regimental yell, and, after a fierce fight, drove them out of the woods in which he found them, into an open field near the summit. He then drove them Hayes, having just given the command for a third charge, felt a stunning blow, and found that a large musket ball had struck his left arm above the elbow, carrying away and badly fracturing the entire bone. Fearing an artery might be severed, he asked a soldier to bandage his arm above the elbow, and a few minutes after, through exhaustion, he fell. Recovering from a state of unconsciousness while down, in a few moments, and observing that his men had fallen back to the woods for shelter, he sprang to his feet, and, with unusual vehemence, ordered them to come forward, which they did. He continued fighting some time at the head of his men; but falling a second time, from exhausted strength, he kept on giving orders, while down, to fight it out. Major Comly, the second in command, then came to him to learn the orders under which the regiment was fighting, and deeming it best to assume command, owing to the critical condition of Lieutenant-colonel Hayes, gave orders that the wounded hero should be carried from the field. In an almost illegible narrative, written with the left hand just after the battle, we find this modest record, by the intrepid sufferer in this event: "While I was down I had considerable talk with a wounded Confederate lying near me. I gave him messages for my wife and friends in case I should not get up. We were right jolly and friendly. It was by no means an unpleasant experience." The enemy in this action continued to pour a most destructive fire of musketry, grape, and canis South Mountain is inscribed on all the standards of this gallant regiment, and surrounds with a sad halo of glory the names of the living and the graves of the dead. At the time this battle was fought, Lieutenant-Colonel Hayes was not under pay, having been mustered out of the Twenty-third regiment to take command of the Seventy-ninth. His wound preventing him from becoming colonel of the Seventy-ninth, he was, on the 24th of October, 1862, appointed colonel of his own regiment, vice Scammon, promoted. It was while at home recovering from his wounds that his wealthy uncle, Sardis Birchard, urged Colonel Hayes, to whom he was devotedly attached, to leave the army, on the ground that he had done his share, promising to himself and family abundant support; but he would not listen to the suggestion, and before his wounds were healed went back. AFTER JOHN MORGAN.In July, 1863, while Colonel Hayes, under superior officers and in connection with other forces, was engaged in skirmishing, scouting, and harassing the enemy in Southwestern Virginia, an episode occurred which illustrates his force and decision of character BATTLE OF CLOYD MOUNTAIN.In the spring of 1864, General Crook moved with an army of about six thousand men to cut the main lines of communication between Richmond and the great Southwest. In this expedition Colonel Hayes commanded a brigade. General Crook, who is called "Gray Fox" by the warriors of Sitting Bull, is one of the shrewdest generals in the world in the way of tricking an enemy. On this expedition he marched up the Kanawha, and sent his music and one regiment toward the White Sulphur Springs, while his army went the other way. He charged his music to make noise enough for an army of ten thousand. The enemy, who were fortified on the road by which Crook's army was actually to pass, left Fort Breckenridge, and marched off fifty or sixty miles in the direction that Crook's band of music had gone. His army then hurried on, and marched right into the fort without firing a shot. To have taken it without stratagem would have cost much delay and many lives. In the meantime, the enemy hurried back, and, collecting an army under General Jenkins, fortified a position on the crest of Cloyd mountain. The base of the mountain was skirted with a stream of water two or three feet deep, and the approach to it was through a meadow five or six hundred yards wide. The enemy, who were strongly entrenched, opened upon Crook's force so soon as it reached the road that was within range The fortifications could not be seen. There was only in sight a woody hill, and below it a stream to cross. Hayes, the brigade following, dashed through the creek to the foot of the last hill, which was so steep that the cannon could not be depressed sufficiently to damage them. After halting for a minute to take breath, the brigade charged, with a terrific yell, up the hill. The instant they passed the curve of the hill, as fearful a fire met them as men are ever called to face. The whole line seemed falling, officers and men going down by scores. But not a man stopped; all who were not hit went on. Hayes shouted to his men to push on to the enemy's works. They were carried by assault, many of the enemy being bayoneted beneath ingenious barricades that they deemed impregnable. The enemy were killed or driven out, and their cannon captured. For ten minutes it was a desperate, give-and-take, rough-and-tumble fight. The artillerymen attempted to reload when the assaulting party was not ten paces distant. The enemy retreated to a second ridge of BATTLE OF WINCHESTER.What is known as the first battle of Winchester, fought July 24, 1864, illustrates the pluck and endurance of Hayes under disaster. Here, as in the last battle, he commanded a brigade in a division of General Crook's army, of West Virginia. Two brigades, under Colonel Mulligan and Colonel Hayes, were ordered to go out and meet what was supposed to be a reconnaissance in force of the enemy. Hayes was ordered to join his right on Mulligan's left, and charge with him. They were to attack whatever there was in front. They could see only two skirmish lines in front. Hayes soon saw appearances of the enemy off on the left. Mulligan was informed there were signs of an enemy forward on the right. Indications were correct. The enemy were coming down upon them in overpowering force on both flanks and in front. Mulligan said his orders were to go forward, and he was going forward. Hayes thought it was as well to go forward as to go any other way, as there could be but one result. Soon after charging, the enemy opened a deadly fire with artillery on the left flank, and infantry close in front. In five minutes Colonel Mulligan fell, pierced with five balls. The enemy had double the force in front, and overlapped the right flank a quarter of a mile. This was a better BATTLE OF BERRYVILLE.This was one of the fiercest fights of the war. It was between a South Carolina and Mississippi division, under General Kershaw, and six regiments of the Kanawha division. The occasion of this battle was this: Sheridan sent a body of cavalry to get in the rear of Early's army and cut off his supplies. To do this there were two roads up the pike—one through Winchester and one ten miles east of Winchester. Ten miles east of this place, through Berryville, was the enemy's headquar Colonel Hayes' brigade went at double quick pace into action, their leader at the head of the column. The Twenty-third and Thirty-sixth Ohio, and the Fifth and Thirteenth Virginia, constituted at this time his brigade. From dark until almost ten o'clock the cannonading was continuous and the fighting terrible. Hayes, although never more exposed to danger, enjoyed the grand illumination and the thrilling |