About 6 a.m. of the 12th the regiment was detailed to act as a provost guard to keep back stragglers from the Second Corps, which was then charging the enemy's works. In this capacity the regiment advanced through the belt of woods previously mentioned., and on arriving in the open field was ordered to proceed to the assistance of the first line, which was then engaged with the enemy. The regiment then moved rapidly forward over the first line of the enemy's works (which had already been taken) up to and over the second line, under a heavy fire, capturing 150 prisoners, 2 stand of colors, and 2 pieces of artillery, one of which was turned and used against the enemy with great effect. The command succeeded in getting the prisoners, colors, and guns to the rear, but being entirely unsupported, and the enemy concentrating his whole fire upon it, the works so gallantly won had to be abandoned, and the regiment fell back to first line of rebel works captured. The loss of the regiment both in officers and men was heavy, especially the former. The regiment remained behind the first line until 2 p.m., when it was relieved to again act as provost guard, which duty it fulfilled until after dark, constantly under the enemy's fire, both of small-arms and artillery, and losing severely during that time. In this engagement the regiment suffered more severely than at any other period of the campaign. It has to mourn the loss of the brave Captains Phelan, McDermott, Purtell, Le Fort, and Lieutenant Leonard, together with scores of gallant men, whose highest praise is that they fell in the discharge of their duty.

From this date to the 19th day of May, the regiment was engaged as usual in throwing up works, skirmishing, &C., at various portions of the line. On that date this command crossed the Po River and bivouacked at a place called Anderson's house; remained until the 21st, when the regiment was detailed as wagon guard, crossing the Mattapony River at dark. On the 23rd marched to the North Anna River, attacked the enemy, drove him across the river. The regiment remained on picket until the afternoon of the 24th, when it crossed the river under a heavy shell fire and rejoined its brigade (Excelsior), which had preceded it. Remained until the 26th, when the brigade recrossed the river and remained until the 27th, when the line of march was taken up for the Pamunkey. Crossed that stream on the 28th, moved forward and crossed the Totopotomoy Creek. Skirmished heavily with the enemy until the next day (June 1), when the creek was recrossed. Remained until the 2nd, when the march was taken up for Cold Harbor. The brigade (Excelsior), acting as rear guard to the corps, reached its destination the same night, and the next day (3rd) advanced under heavy fire and threw up breast-works. On the 5th took position in second line of works, and the same night three separate assaults were made on the first line by the enemy, but they were repulsed without calling for assistance. Moved to the left on the morning of the 6th to a place called Barker's Mill, threw up works, and remained until the 12th, when the army was withdrawn.*

I am, very respectfully, your obedient servant,

M. W. BURNS,

Lieutenant-Colonel, Commanding Regiment.

Lieutenant JAMES H. LOCKWOOD,

A. A. A. G., First Brigadier, Third Div., Second Corps.

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*For continuation of report, see Vol. XL, Part I.

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