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Fourth Division, 200 men. Two deserters from Alabama regiments, Ninth and Fourteenth, were received this evening and forwarded to army headquarters. The enemy have discovered the large fort on my left and have been firing at it to-day.

G. K. WARREN, Major-General, commanding.

FIEADQUARTERS FIFTH ARMY CORPS,

July 26, 1861. Brig. Gen. S. WILLIAMS,

Assistant Adjutant General : GENERAL: I asked the sanction of the general commanding Army of the Potomac to my consolidating the Fourth Division with the others on the 20th instant, which was refused. Yesterday I received the communication asking for the project of my proposed consolidation. immediately sent for Colonel Kitching, commanding brigade, to consult him, he baving been by Special Orders, No. 195, paragraph 2, of July 22, ordered away. My wish was to retain him in command of a brigade, in which capacity he has been officially commended by General Meade and also recommended by me for promotion, and to propose to him the sending the Fifteenth New York Heavy Artillery instead of the Sixth.

I found his supposed wishes had been acted upon through General Hunt, from General Hunt's previous knowledge, without referring to Colonel Kitching or myself. This makes an important change in my plan of consolidation, which was to transfer Colonel Kitching with bis brigade to another, giving him the command of it. If I were to transfer the Fifteenth I might not get a desirable brigade commander thereby. I then proposed to consolidate the two brigades of the Fourth Division into one, to take the place of the heavy artillery brigade; this would leave me a brigadier-general for assignment. I also consulted General Cutler about consolidating, and his feelings personally are opposed to it. He thinks it would be a reflection upon him; he gives his views in writing, which I submit. I have always tried to consult General Cutler's feelings, as he is a most worthy man, and as far as possible the feelings of all good men. This has been very difficult for me to do satisfactorily. Besides there being two distinct corps in the original reorganization, there were the Pennsylvania Reserves, which could not be separated or consolidated, the Regular Brigade and the Maryland Brigade, without producing dissatisfaction and perhaps injury to the service. Unless I can dispose of these things to satisfy the principal officers concerned, it would perhaps not be well to do it. General Cutler's opposition being mainly one of personal character, I would suggest that preliminary to this consolidation a command be given him elsewhere of equal importance. He has served in this army long and faithfully, and I believe would be pleased with some position that gave him some rest from his long continued duties in the field. Very respectfully, your obedient servant,

G. K. WARREN, Major-General of Volunteers.

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HEADQUARTERS FOURTH DIVISION, FIFTH ARMY CORPS,

July 26, 1864. Lieut. Col. F. T. LOCKE:

Sir: I have the honor to call the attention of the major-general commanding the corps to the following facts in relation to the Fourth Division, which it is proposed to disband or incorporate with some others. That division, with the exception of three small battalions, was a portion of the old First Corps (First Division). At the commence. ment of the campaign thev, witu the brigade transferred to General Griftin in the early part of June, composed the division; that brigade was also a part of the First Corps. It was provided in the order of reorganization that the First Corps should be organized into two divisions and retain their badges and to a certain extent their identity.

This in a measure reconciled them to the change. When, by the expiration of term of service General Crawford's men left, or so many as to leave but a small command, a reorganization took place, the Third Brigade of my division was detached from the Fourth and put into the First Division, I made no complaint; in fact, I had no intimation of what was intended until the order was placed in my hands making the transfer. I do not intend to complain now, but when to disband the balance (as a division), I cannot help remembering that it is the oldest division and about all there is left of the old First Corps. I believe its history will show that its losses are greater in killed and wounded and less in prisoners than any body of men of its size in the army. It has, I think, a larger proportion of veterans than most divisions, and I believe there is no vanity in my saying that it was mainly owing to my personal efforts that the men re-enlisted. These are considerations that should have some weight in deciding the matter. In the reorganization proposed it will be necessary to break up the brigades or consolidate them into one. In the latter case it would be a brigade of fourteen battalions and regiments—a most awkward and uncomfortable command. In addition to that it would send Colonel Hofmann to his regiment. He has commanded a brigade a large part of the time for two years; is a gallant and faithful soldier; his regiment is reduced (by close fighting) to less than 100 men for duty; I think he is entitled to some consideration. I do not suppose any one in the division is aware of the contemplated arrangement but myself. My judgment is that the effect of any such arrangement will be very bad. They will not consider it just and what was promised. I suppose I need not say that I shall not make any trouble, whatever arrangement may be made, or whatever my private feelings may be in the matter, notwithstanding the fact that the effect would be to destroy what little usefulness I might have, and, although not intended, would put me in disgrace with the soldiers and people. I beg to make a single suggestion, and that is, would it not be better, and in accordance with the original plan, to retransfer what was originally Stone's brigade to the Fourth Division, leaving the One hundred and eighty-seventh Pennsylvania (a large regiment), and send to Griffin the Third and Fourth Delaware and the One hundred and fifty-seventh Pennsylvania (not formerly in the First Corps) to make up a brigade for Griffin. Two good brigades could then be made of the three, and they would be all old First Corps men; this would somewhat equalize the divisions. It should be borne in mind that the great discrepancy was made by taking a brigade from the Fourth and giving it to the First, making the First double the size of the Fourth, or nearly so. I am the only general officer left in what was the first Corps, and I believe about the only one who entered the service with rank above a captain. I have always served with this division, and have never had a day's duty except in the field. Notwithstanding all this, I claim for myself nothing which will not be agreeable to my superiors. For the division I do claim some consideration. Would it not be better to keep up the division and endeavor to get additional troops! In connection with this subject I wish to call the attention of the general to a fact of which he is not probably aware in relation to Stewart's battery. That battery is composed (all but seven inen, I think) of men of my old brigade. It has always served and fought with us from the first. An attachment existed between them which was a host in itself. I think upon inquiry in the proper quarters that the general would decide to restore the old order of things as far as that battery is concerned. In conclusion, I reiterate my earnest conviction that good

faith and the good of the service require that the organization be retained. Save the division, and whatever my fate personally, I will quietly submit to it. Very respectfully, your obedient servant,

L. CUTLER,

Brigadier-General.

HEADQUARTERS FIFTH CORPS, ARMY OF THE POTOMAC,

July 26, 1864—3 p. m. General AYRES:

A deserter informs us the enemy have the intention to feel our left in the course of twenty-four hours. I wish you would have your reserve in approximate readiness to march toward General Griffin's headquarters to meet any demonstration there if made. Respectfully,

G. K. WARREN, Major-General of Volunteers.

[First indorsement.]

OFFICIAL.-General Hayes will hold his command in readiness to move rapidly to the left if any demonstration is made there. By command of Brigadier-General Ayres.

FRED. WINTHROP, Captain Twelfth Infantry, Actg. Asst. Adjt. Gen.

[Second indorsement.

HDQRS. FIRST BRIG., SECOND Div., FIFTH CORPS,

July 26, 1864. In compliance with the foregoing orders, regimental commanders will hold their respective commands ready to move at a moment's notice. By command of Brigadier-General Hayes:

F. W. PERRY, Lieutenant and Acting Assistant Adjutant-General.

HEADQUARTERS FIFTH ARMY CORPS,

July 26, 1864—3,30 p. m. General CRAWFORD:

Your communication is just received.* Inform Colonel Lyle and (General] Baxter of it. In case the enemy attacks instruct your pickets to hold on only long enough to give notice, and retire in as good order as possible. General Bartlett will occupy the breast-work near his headquarters.

G. K, WARREN,

Major-General of Volunteers. See Crawford to Warren, embodied in Warren to Humphreys, 3.30 p. m., p. 460.

IIEADQUARTERS FIFTH ARMY CORPS,

July 26, 1864—3,30 p. m. General BARTLETT:

Information, has been received from a deserter that the enemy designs in the course of twenty-four hours to make a demonstration ou our left to see what is there. I wish you would have a battery ready to go into position on the breast-works near General Griffin's headquarters and a regiment to support it. I wish this arrangement to be adopted in all cases of an attack froin the left.

G. K. WARREN,

Major-General.

HEADQUARTERS FOURTH DIVISION, FIFTH ARMY CORPS,

July 26, 1864. Col. F. T. LOCKE:

SIR: It may not be improper to state that the trenches on my imme. · diate right are very lightly manned. If the men were properly dressed up they would not make more than a single rank, unless men have been added within an hour or two. They are colored troops.

L. CUTLER, Brigadier-General, Commanding.

ARTILLERY HEADQUARTERS,

July 26, 1864. Maj. J. A. TOMPKINS,

Commanding Artillery, Sirth Corps, ncar City Point: Bring up your batteries to the front and place them in camp. Report to me as soon as you get them up. Acknowledge receipt by telegraph.

HENRY J. HUNT,

Brigadier-General.

HEADQUARTERS NINTH ARMY CORPS,

July 26, 1864–9 a. m. General WILLIAMS, Assistant Adjutant-General:

I have the honor to report incessant musketry by both sides during the night. The enemy's pickets were very active. During the night a brigade of the Fourth Division relieved one of General Willcox's brigades. It was done so quietly that we met very slight loss. teen guns have been placed in position in the new battery near the burnt house.

A. E. BURNSIDE,

Major-General

HEADQUARTERS NINTH ARMY CORPS,

July 26, 1864. Lieutenant-Colonel COMSTOCK,

Headquarters Armies of the United States : We need 8,000 sand-bags as soon as possible to be used in tamping the mine. Can you order them delivered to us at once? The object in having them here now is that they may be filled and in readiness to prevent delay. Please answer.

A, E. BURNSIDE,

Major-General.

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