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 whole mountainous region of Western Virginia of a formidable enemy.
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 MOUNTAIN
Was 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 across the field, losing many men and capturing and killing many of the enemy.
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 canister into the Union ranks. Lieutenant-colonel Hayes again made his appearance on the field with his wound half dressed, and fought until carried off. Soon after, the rest of the brigade coming up, a brilliant bayonet charge up the hill dislodged the enemy and drove him into the woods beyond. The Twenty-third regiment in this engagement lost within eight men of half the entire force engaged.
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
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