General Crittenden, who was in command of the First Division, has been relieved and no report had been rendered him up to the time of his leaving. I shall send him one copy and forward your headquarters one copy so that the record of the Provisional (now Third) Brigade may not be overlooked.

I am, very respectfully, your obedient servant,

E. G. MARSHALL,

Colonel Fourteenth New York Artillery, Commanding Prov. Brigadier, First Div., Ninth Army Corps, now Third Brigade.

HDQRS. PROV. Brigadier, FIRST DIV., NINTH ARMY CORPS,
Near Cold Harbor, Va., June 9, 1864.

SIR: As you are aware, during the engagement of May 13, 1864, at Gayle's house, I was directed by the general commanding the corps to report to you with such force of my brigade reserves to a picket-line as I could bring up with me. My brigade was composed of the Fourteenth New York Artillery, Twenty-fourth Cavalry, dismounted, and South Pennsylvania Artillery. The Second Pennsylvania Artillery was left to guard the road near Tabernacle Church, and prior to my reporting I had received directions to picket the front and left of the position of the Ninth Army Corps from the River Ny to their new position. The strength of that part of my brigade present was 2,203, besides the Sixtieth Ohio Volunteers, which had to your position one battalion Fourteenth New York Artillery, one squadron Twenty-fourth New York Cavalry, and 125 men of the Sixtieth Ohio Volunteers; in all, 450. You are aware that I was put in position as a reserve to your division, and it had just been obtained when a confusion was caused in your lines by the retirement of a regiment. Neither of us could predict its extent, and immediately my command was pushed up into the gap caused by the regiment retiring. Considering that the regiments under my command were new, it being their first experience, I cannot speak too well of the promptness of the officers of the Fourteenth New York Artillery and Twenty-fourth Cavalry in executing my orders, as well as the bearing of the men in moving to their position when there was such disorder in a command in my front of be occupied by them. It is but just to add that the Ninth Army Corps on the evening of the 13th May occupied a position, which they had fought for, on the south of the Ny, and were ordered to abandon, and shortly afterward it was directed that they should reoccupy. I was ordered to report to Brigadier-General Potter commanding Second Division, Ninth Army Corps, and by him directed to throw my skirmishers, now deployed along the River Ny, across the river and beyond our old rifle-pits, to be supported by his division. The ground was regained without loss.

After reflecting upon the position occupied by the Fourteenth New York Artillery and Twenty-fourth Cavalry on the 14th, exclusive of their reserves brought to you, without any sustaining force occupying a position as skirmishers, which had been held before by the Ninth Army Corps and afterward by the Fifth Army Corps, it is a wonder I did not lose perhaps the whole line. The enemy's skirmishers pushed this line twice, and the success of hold-