HEADQUARTERS THIRTY-EIGHTH VIRGINIA REGIMENT, September 30,1862.

SIR: The inclosed report of the part sustained by my regiment in the action at Malvern Hill was placed in the hands of the adjutant-general of Armistead's brigade August 15, when at Falling Creek, to be forward, which he had failed to do until this time. I have withdrawn it this morning, that it may be forwarded through you.

Most respectfully, your obedient servant,

E.C. EDMONDS,
Colonel, Thirty-eighth Virginia Regiment.
 

Captain WINN,
Actg.Asst.Adjt. General , Anderson's Division.

HDQRS. ARMISTEAD'S BRIGADE, ANDERSON'S DIVISION, September 30,1862.

There had been one report of the part sustained by the Thirty-eighth made and forwarded. The accompanying one was received by me the day previous to marching from Falling Creek. The report has never been read by me, other things having occupied my time. Respectfully forwarded.

L.A. ARMISTEAD,
Brigadier-General.

HDQRS. THIRTY-EIGHTH Regiment VIRGINIA VOLUNTEERS, August 15,1862.

SIR: I respectfully petition that my report of the engagement of July 1 be filed the report of Brigadier General Lewis A. Armistead, as I consider the one furnished by Major Joseph R. Cabell to be imperfect in many particulars. Besides, he signs himself "Major, commanding Thirty-eighth Regiment Virginia Volunteers," which may be construed into his having commanded the regiment on that occasion, when both Lieutenant Colonel P.B. Whittle and myself were present. I have been prevented by sickness from furnishing the report at an earlier date.

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

E.C. EDMONDS,
Colonel Thirty-eighth Virginia Regiment.
 

[Colonel ] R.H. CHILTON, Assistant Adjutant-General.

HDQRS. THIRTY-EIGHTH Regiment VIRGINIA VOLUNTEERS, August 15,1862.

SIR: Having been absent for some weeks after the engagement at Malvern Hill, July 1, the last of the series of battles around Richmond, on account of sickness, I beg leave to submit the following report of the part my regiment acted  on that occasion, and respectfully request that it be filed with the report of the general commanding, as I consider the report furnished by Major Joseph R. Cabell incomplete in many particulars:

My regiment (the Thirty-eighth Virginia Volunteers) formed the advance of Brigadier General L.A. Armistead's brigade, General Huger's division, which was the leading brigade on that day. We proceeded cautiously, feeling our way and reconnoitering diligently to prevent falling unexpectedly upon the enemy, who might have been in ambush in many of the swamps and thick woods through which we had to pass. Coming to the woods fronting Malvern Hill we soon became aware of his presence, when we were formed in the woods opposite his position,  and skirmishers thrown out from each regiment to feel the enemy's skirmishers and learn somewhat the strength of his position and numbers, my skirmishers being under the command of Major  Joseph R. Cabell.

The skirmishers soon engaged the enemy, each holding his position, no order as yet having been given to advance. During the skirmishing General Armistead and myself reconnoitered the position of the enemy from good stand-point, and with the assistance of a strong glass readily detected his presence in force and the advantages of his position.

Major-Generals Magruder and Longstreet came up in turn and observed the enemy from the several points to which I conducted them, and left perfectly satisfied, as I supposed, of the impossibility of charging them from the position which our advance (Armistead's brigade) held, unless supported by a large amount of artillery, as Major-General Magruder remarked it would require thirty pieces of the heaviest caliber. This I supposed had been determined upon, us the colonels commanding the regiments were immediately ordered to pull down the fencing in their front, preparatory to advancing our skirmishers, supported by the regimental reserves, so as to force back the enemy's skirmishers, with a view of bringing up our artillery. So soon as the fencing was removed the order was given to drive in the enemy, which was being done in the most successful manner, when I received an order, or rather General Armistead, with hat off and arm uplifted, ordered us to charge; where and upon what I was at a loss to imagine. It could not have been to support our skirmishers; they needed none, for they were driving the enemy's pickets before them. It could only then have been the main position of the enemy upon which we were to charge. The charge was made most gallantly by my regiment and a portion of the Fourteenth and Fifty-third Virginia Regiments, under the lead of their respective colonels, up the hill, across the extensive plateau, and through the valley, until we arrived at the hill nearest the position of the enemy. We were here supported by a Georgia regiment, which, having charged under mistaken orders, soon returned to their original position with General Wright's brigade. Thus it was that my regiment, with a part of the Fourteenth Virginia, under the command of a captain, [and] a part of the Fifty-third, Colonel Tomlin, held this advanced position for three hours awaiting orders. Receiving none, I sent Major Cabell to General Armistead asking orders, who returned with instruction that we must hold our position, and that re-enforcements would soon be at hand. I am proud to say we did hold our position through all the storm of bullets, canister, grape [and] shell, with occasional shells from the huge pieces playing upon us from the gunboats, until we saw they gallant Wright, with hat off and glittering blade, leading his brigade across the hill to our support.

New life was infused among those wearied with watching and waiting; every man was at this post; loud shouts of welcome rent the air; all sprang to their feet, feeling certain of victory with such a support Being the ranking colonel of the brigade (Colonel Hodges being stunned and having his beard singed by the explosion of a shell when just emerging from the wood), General Armistead being absent, I gave the order to charge, which was most gallantly performed by all engaged. Again leading, closely followed by General Wright's brigade until we reached the musket-range of the enemy's supports to his artillery, where the fire from both became so galling a momentary pause ensued. Six times was the attempt made to charge the batteries by the regiment of Armistead's brigade (just mentioned) and as many times did they fail for want of support of the left, involving the necessity of falling back a short distance under the cover of the brow of the hill.

Every man most nobly on that occasion; all officers and men, heedless of the deadly fire to which they were exposed, seemed intent upon gaining the enemy's position.

I have the painful duty to announce the loss of my color-sergeant  (L.P.H. Tarpley), first color-corporal (Cornelius Gilbert), and Private Parker, of Company F, who fell upon the field while bearing the colors in advance of the regiment during the charges made. Color-Corporals Watkins, Burlington, and Gregory were severely wounded each in turn as they grasped the colors. They were then seized by Lieutenant-Colonel Whittle, who was badly wounded and compelled to retire. Captain Daniel (volunteer officer, commanding Company F) then took them, and he, too, fell severely wounded in three places, and was borne the field. I then took them for a while, and when in the act of handing them over to the only remaining color guard, who claimed the right to carry them, the staff was shattered, the flag falling, but not upon the ground; it was caught by Color Corpl. William M. Bohannon, who stuck it upon his bayonet and gallantly bore it the remainder of the fight.

I beg to mention particularly all of my color guard as deserving the highest commendation, and would recommend that some distinctive badge be given them. I also desire to return my thanks to Lieutenant

Colonel  P.B. Whittle, who acted his part most gallantly, proving himself worthy of the position he held, daring all things, fearing nothing.

Volunteer Captain R.T. Daniel performed every duty in the most creditable manner, though among strangers. His deeds won their confidence and respect and attested his gallantry. I observed him particularly when waving the colors and urging the men forward, not a muscle or nerve betraying a want of firmness; calmness and composure was expressed pressed in every lineament of his countenance, and there stood like a veteran until pierced three times by the enemy's balls. Too much praise cannot be given to this brave  young officer, who thus showed his willingness to serve his country and determination to expel the enemies of her pease and dignity.

To the officers and men of Company A, commanded by Captain D.C. Townes; Company B, Junior Second Lieutenant James P. Warren; Company C, First Lieutenant N.D. Price, Company E, Captain T.M. Tyree; Company F, Captain R.T. Daniel; Company G, Captain H.L. Lee, and Company K, Captain G.K. Griggs, I return my hearty thanks; to the officers commanding those companies more particularly, because of their ready co-operation and willing obedience to every order and their conspicuous gallantry while urging forward their men through such destructive fire.

Major Joseph R. Cabell also performed his duty in a highly creditable and satisfactory manner, and behaved with coolness while in charge of the skirmishers and when sent for instructions to General Armistead at a subsequent period.

My adjutant, A.G. Smith, was always at his post, and with a calmness and composure and utter disregard of danger performed his duty in a manner reflecting the highest honor and praise. The other officers present behaved well and performed their duty like men.

Lieutenant N.D. Price, commanding Company D, who fell mortally wounded at the head of his company, performed his duty on this occasion, as on all others, with marked coolness and bravery. He died as he had lived, a bright and shining ornament to society an his church. He lived a Christian, he died a hero and martyr. No man or officers fell on that occasion with more honor or deserving more undying laurels.

My surgeon, James N. McAlpine, and assistant surgeon, T.W. White, are deserving the highest praise for their unremitting attentions to the wounded; the one for the faithful manner he followed his regiment, bearing off the wounded amid the leaden hail, the o their for the scientific and untiring manner he performed his duties. Such was their attention and assiduity that the wounded were moved from the field, their wounds dressed and cared for, and all sent to the hospitals in the early morning. The one snatched them from the mouth of the cannon, the other from the haws of death. Each proved themselves with hearts to sympathize with the wounded and hands ready and willing to offer every assistance.

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

E.C. EDMONDS,
Colonel Thirty-eighth Virginia Regiment.

[Colonel ] R.H. CHILTON, Assistant Adjutant-General.

Casualties.

Rank.                         Killed. Wounded. Missing. Total.

 

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