Read Ebook: The Life Public Services and Select Speeches of Rutherford B. Hayes by Howard J Q James Quay

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Rutherford B. Hayes entered the law school of Harvard University, August 22, 1843, and finished the course of lectures, January 8, 1845. The law institution was at this time under the charge of Mr. Justice Story, whose eminence as a jurist is only surpassed by that of his bosom friend, the great Chief Justice, John Marshall. He enjoyed the friendship and counsel of Story, and also that of Prof. Simon Greenleaf, who bears testimony to his diligence, exemplary conduct, and demeanor. He kept a minute record, still preserved, of all the trials and proceedings of the moot courts, presided over by Professors Greenleaf and Story, and pages of authorities are cited where "R. B. Hayes" appears as counsel for the fictitious plaintiff or defendant. It might have been safely assumed that a young man of his quick perceptions while in the atmosphere of Boston would make the most of his opportunities and advantages. He attended the lectures of Prof. Longfellow on the literature of foreign languages. He profited by the lecture-room talks of the great scientist, Agassiz, upon the grand theme of nature. Watching his opportunities, he heard Webster deliver his model arguments before juries, and his great political speeches in Faneuil Hall. He visited John Quincy Adams at his home in Quincy, with a party of his fellow-students, who, when he learned that some of his visitors were from Ohio, read to them a part of an address Mr. Adams was about to deliver on the laying of the corner-stone of the Observatory on Mt. Adams, near Cincinnati.

He renewed and prosecuted with ardor the study of the French and German languages, both of which he now translates with ease, and speaks the former with reasonable fluency.

Leaving with regret the classic shades of Cambridge, and parting from fellow-students such as George Hoadly, Manning F. Force, and the since famous orator, J. B. L. Curry, of Alabama, he returned to Ohio an educated young man. He was fitted for the battle of life which he has since so courageously fought, so far as America can afford facilities for procuring a complete, symmetrical education. Impatient to begin the struggle in his profession, he proceeded to Marietta, where the ambulatory Supreme Court of Ohio was then sitting, and having passed before an examining committee, composed of Messrs. Hart, Gardiner, Buel, and Robinson, was duly admitted to practice in the courts of the State as attorney and counsellor at law. The certificate of admission, which is dated March 10, 1845, has so good a name attached to it as that of Thomas W. Ewart, clerk. The Plymouth of the West had therefore the honor of welcoming to the bar the rising son of the West.

AT THE BAR.

The young lawyer, R. B. Hayes, full of hopefulness and ambition, commenced the practice of the law at Lower Sandusky, now Fremont, Sandusky county, Ohio. This growing town of Northern Ohio was selected because it was the home of the uncle whose extensive business connections would naturally throw more or less law business into the nephew's hands.

His first case was one against a sheriff's sureties, the sheriff having become insolvent. There were five or six bondsmen, who employed as many different lawyers, who of course made a fierce fight to protect the pockets of their clients. The pleadings were difficult under the old practice, and the slightest technical defect in them would adroitly be taken advantage of by the defendants' attorneys. But so accurately had the pleadings been drawn, and so well had the case been worked up by the young lawyer, that no flaw could be found, and his suit was at all points successful.

After this success he had a good run of office business, and was employed both in the defense and prosecution of criminals. In April, 1846, he entered into a law-partnership with Ralph P. Buckland, an older practitioner in good practice. Mr. Buckland subsequently became a conspicuous member of the Ohio Senate, and a gallant officer of the rank of brigadier-general in the war. He became a member also of the Thirty-ninth Congress.

One of the most important cases tried by Hayes while a member of this firm was an action to prevent or enjoin the building of a railway bridge across the Bay of Sandusky, on the ground of its obstructing navigation. The cause was tried before Judge McLean, in the United States District Court at Cincinnati. Thomas Ewing, who was one of the opposing counsel in the case, continued to compliment Hayes during life for this maiden effort in a United States Court.

In November, 1848, in consequence of bleeding at the lungs and other alarming admonitions of failing health, Mr. Hayes left Fremont to pass a winter with his friend, Guy M. Bryan, in Texas. A half year of boating, fishing, hunting, and scouring the prairies brought about a physical revolution. He came back as sound as a dollar--that is, a coin dollar--and has so remained ever since.

In December, 1849, he put in execution a design for some time contemplated, and on Christmas eve arrived in Cincinnati. He had consulted professional friends in Cincinnati about seeking the stimulus of a wider field for permanent occupation, and was doubtless influenced somewhat by the advice received. One who had been with him at Harvard wrote: "I have not flattered the face of man or woman for years, but I think honestly that the R. B. Hayes whom I knew four years ago would be sure to succeed at this bar, if he can afford to live and wait." Another professional brother, on terms of intimacy, wrote: "With your energies, talents, education, and address, you are green--verdant as grass--to stay in a country village." On the 8th of January, 1850, the new candidate for public and professional favor took possession of an office on the south side of Third street, between Main and Sycamore, opposite the Henrie House. His office companion was John W. Herron, with whose appearance and manners the new comer seems to have been well pleased. The first year in Cincinnati brought little professional business, but no day was passed in idleness. His studies were systematic, and his reading comprehensive in both law and literature. Shakespeare, Burke, Webster, and Emerson were his inseparable companions. He sought to widen the circle of his acquaintances, and add daily to the number of his friends. Having been a member of the order of Odd-Fellows and Sons of Temperance in Fremont, he united again with those organizations in Cincinnati. The addresses he was invited to deliver at Odd-Fellow's lodges and at many more public places were very numerous. In this way he made reputation as a public speaker, if not money. He was not only becoming known, but becoming favorably known.

The widely renowned literary club of Cincinnati, which he joined in 1850, and of which he remained an active member for eleven years, awakened his social sympathies and ardent interest. To the reading of essays, and to the discussions on political, social, and moral questions, he always listened, and in the latter often took part. In debate, he was strong, eager, clear, and logical. He had an aptitude at seeing principles and getting at the kernel of questions. Among those who during these years participated in the social or literary entertainments of the club-room were Chief Justice Chase, Thomas Corwin, Thomas Ewing, father and son, General Pope, General Edward F. Noyes, Stanley Matthews, M. D. Conway, Manning F. Force, W. K. Rogers, John W. Herron, D. Thew Wright, Isaac Collins, Charles P. James, R. D. Mussey, and many others of ability and distinction. In January, 1852, the opportunity for "getting a start" in his professional career came. While making a sensible, energetic little speech in behalf of a criminal indicted for grand larceny, named Cunningham, he attracted the attention and won the commendation of Judge R. B. Warden, then president judge of the criminal court, who thereupon appointed the modest young attorney counsel for Nancy Farrer, whose case became the great criminal case of the term, if not of the times.

Nancy Farrer had poisoned all the members of two families. She had a bad countenance, a sinister, revolting look. It is not strange that she should have been considered by the court and jury that tried her, and by the entire public, a qualified candidate for the gallows. Hayes, in defending his client, had to contend against the passions, the indignation of the public, and the predispositions and prejudices of judge and jury. The judge who tried the case was not the one who appointed the comparatively unknown attorney as counsel. Hayes saw instinctively the immense importance of the case, and knew intuitively that a crisis had come in his career. He set laboriously to work to establish an impregnable line of defense.

He found on examination of the proofs that the supposed murderess was totally irresponsible, because of hereditary idiocy and insanity. Her father had died of drunkenness in a Cincinnati hospital, and her mother went about under the insane hallucination that she was a prophetess. Nancy's conduct and conversations while employed in the wholesale poisoning business showed that she had no moral comprehension of what she was about. But the plea of insanity had been so often and so vehemently pressed in defense of prisoners who were sane that it seemed to be of no avail in defense of one who was not. The cry of insanity, like that of "wolf," had been so repeatedly raised when there was no insanity, that it was not heeded when there was. Notwithstanding an argument which for legal learning and forensic eloquence attracted the attention of the press and bar, and established the counsel's reputation, the poor, insane idiot was convicted of murder in the first degree. Hayes at once obtained a writ of error, which the district court reserved for decision in the Supreme Court of the State. The case was argued and determined in that court at the December term, 1858, and reported in 2 Ohio St. Reports. R. B. Hayes appeared for plaintiff in error, and George E. Pugh, attorney-general for the State. The earnest and determined advocate of Nancy Farrer carried his points, obtained a new trial, and greatly enhanced his professional reputation. The then official reporter of the Supreme Court of Ohio, who heard this argument, says: "It was a truly admirable effort, and the peroration was indescribably pathetic. But on this occasion, as on all others, Mr. Hayes was singularly modest." Although a new trial was granted, through the concurring opinions of Justices Corwin, Thurman, and Ranney, Nancy Farrer was never again tried. She was sent to a lunatic asylum.

Hayes next gained reputation through his connection with the notorious James Summons murder case. He was employed by the older counsel in the case to take notes of the testimony and record the rulings of the court. The trial occupying many days and many differences arising between counsel with respect to the rulings of the court, it was found that the accuracy of the notes of the junior attorney was in every instance confirmed by the court itself. When the time came for the final arguments to begin, the leading counsel asked each a day for each side. Judge Thurman, then presiding, on consultation with Judge Piatt, announced that the court could only give the leading counsel two hours each, but that they would allow Mr. Hayes one hour additional. Notwithstanding the court was assured that Mr. Hayes was not strictly employed in the case, Judges Thurman, Matthews, and Piatt insisted upon hearing him, and he was accordingly heard. His unpremeditated argument was clear, convincing, impassioned, and impressive. It was one of the best speeches of his life. The case went up to the Supreme Court with the junior as the leading counsel.

We now reach an event in the course of this narrative, which, controlling as is the influence it has upon all lives, has been immeasurably potent in its influence upon the life and fortunes of Governor Hayes.

On the 30th of December, 1852, he was married to Miss Lucy W. Webb, by Prof. L. D. McCabe, of the Ohio Wesleyan University. The marriage took place at No. 141 Sixth street, Cincinnati, the bride's home, in the presence of about forty friends. Lucy Ware Webb was the daughter of Dr. James Webb and Maria Cook Webb. Dr. Webb was a popular gentleman and successful practicing physician in Chillicothe, Ohio. In 1833, he died of cholera in Lexington, Kentucky, where he had gone to complete arrangements for sending to Liberia slaves set free by himself and his father. The grandfather of Mrs. Dr. Webb was Lieutenant-Colonel Cook, who in 1777 was serving in a regiment commanded by Colonel Andrew Ward, in the army of the Revolution. Both Governor and Mrs. Hayes are, therefore, descendants of soldiers of the Revolution, most worthily uniting in their lineage jointly the dawn of the second century with the dawn of the first. The six years following 1852 were years of full practice and exacting labors, in which disappointments were few and successes many. These were years in which solid foundations were laid for as solid a reputation as it was possible for the men among whom he moved to build up.

In January, 1854, he formed a law-partnership with R. M. Corwine and W. K. Rogers, under the firm name of Corwine, Hayes & Rogers. This proved a partnership of friendship as well as business, being in every way satisfactory and agreeable. Mr. Rogers is now the close companion of his old partner in these later and more eventful years. Mr. Corwine died a resident of Washington City, a year or two since.

In April, 1859, he was, without solicitation, chosen city solicitor by the city council of Cincinnati, to fill the vacancy caused by the death of Judge Hart, and on the 9th of that month entered upon the discharge of his official duties. His chief competitor for this office was Caleb B. Smith, since a member of Mr. Lincoln's cabinet. The vote in the city council on the first ballot was: Mr. Smith, 13; Mr. Disney, 12; Mr. Hayes, 3. On the seventh ballot, Mr. Hayes had 17; Mr. Ware, 12; and Mr. Disney, 3. On the thirteenth ballot, Mr. Hayes was declared elected, having received 18 votes to Mr. Ware's 14. His election was due to the vote of Mr. Toohey, a Democratic councilman of the Thirteenth Ward. The election of Hayes to his first office was most favorably received.

The estimate of the people seemed to correspond with that of the press, for in the following spring he was elected to the office to which he had been appointed by a majority of two thousand five hundred and thirty-six on the popular vote. His Democratic opponent was W. T. Forrest.

He filled the office of corporation counsel for three years, during which time, as legal adviser of the municipal government of a great city, he passed judgment upon questions involving large interests, and discharged with high fidelity the duties of an important trust. As city solicitor, the opinion which perhaps aroused the most general attention and interest, was one delivered in February, 1859, denying the right of the city council to contract debts for waterworks purposes, without additional authority from the General Assembly. He was opposed to the increase of taxation and creation of new debts, on principle. In April, 1861, in common with the entire Republican ticket, he was defeated for re-election as city solicitor. His vote, however, was larger than that of any candidate on his ticket. He had suffered a similar defeat in the fall of 1856, when a candidate for Common Pleas Judge, his party being in a decided minority in Hamilton county. Had the election of 1861 occurred two weeks later, when the great uprising came with the fall of Sumter, the Republican war ticket, not the Democratic compromise ticket, would have carried the day.

IN THE FIELD.

That a loyal citizen of the antecedents, ardent patriotism, and impulsive nature of Rutherford B. Hayes would enter the army in the war for the Union, was to be looked for as a thing of course. He had been in the habit of obeying every call of duty, and could not therefore disobey when duty called loudest. He regarded the war waged for the supremacy of the constitution and the laws as a just and necessary war, and preferred to go into it if he knew he "was to die or be killed in the course of it." He had been a most earnest advocate of the election of Mr. Lincoln to the Presidency, and had been an anti-slavery man of established convictions long before the candidacy of Fremont for the Presidency. He did not think the Union should be destroyed to make slavery perpetual. He desired to mitigate and finally eradicate that evil. He had prayed for the election of General Harrison for the sake of the country; he had cast his first vote for Henry Clay, his second for General Taylor, and his third for General Scott. But the old Whig party having ceased to be a living organization, he gave his whole heart to the Republican party and its cause, and by political speeches, and in other ways, helped forward the movement in favor of equality of rights and laws. The insult to the flag at Fort Sumter aroused to the intensest pitch the patriotic indignation of a united North. At a great mass-meeting held in Cincinnati, R. B. Hayes was selected to give expression to the loyal voice, by being made chairman of the public committee on resolutions. It is not needful to add that these resolutions had all the fire and intensity of the popular feeling. The knowledge that it was his purpose to enter the Union army having reached Governor Dennison, that officer appointed Hayes major of the Twenty-third Ohio Volunteer Infantry, June 7, 1861. With this appointment was coupled the appointments of W. S. Rosecrans as colonel, and Stanley Matthews as lieutenant-colonel of the same regiment. Colonel Rosecrans, with the other field-officers, had just set to work organizing the new regiment, when Rosecrans was appointed brigadier-general, and ordered to take command of the Ohio troops moving in the direction of Western Virginia. Upon the promotion of Rosecrans, Colonel E. P. Scammon, an officer of military education, was placed in command of the Twenty-third.

After a brief period of discipline at Camp Chase the regiment was ordered, on the 25th of July, to Clarksburgh, West Virginia, and on the 29th went 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.

AFTER JOHN MORGAN.

BATTLE OF CLOYD MOUNTAIN.

In the spring of 1864, General Crook moved with an army of about six thousand men to cut the main lines of communication between Richmond and the great Southwest. In this expedition Colonel Hayes commanded a brigade. General Crook, who is called "Gray Fox" by the warriors of Sitting Bull, is one of the shrewdest generals in the world in the way of tricking an enemy. On this expedition he marched up the Kanawha, and sent his music and one regiment toward the White Sulphur Springs, while his army went the other way. He charged his music to make noise enough for an army of ten thousand. The enemy, who were fortified on the road by which Crook's army was actually to pass, left Fort Breckenridge, and marched off fifty or sixty miles in the direction that Crook's band of music had gone. His army then hurried on, and marched right into the fort without firing a shot. To have taken it without stratagem would have cost much delay and many lives. In the meantime, the enemy hurried back, and, collecting an army under General Jenkins, fortified a position on the crest of Cloyd mountain. The base of the mountain was skirted with a stream of water two or three feet deep, and the approach to it was through a meadow five or six hundred yards wide. The enemy, who were strongly entrenched, opened upon Crook's force so soon as it reached the road that was within range of their artillery. It was evident the fortifications could not be carried without very determined fighting. A small force, after making a stout struggle, dropped back repulsed. Crook ordered Colonel Hayes' brigade to cross Cloyd's meadow, charge up the hill, and take the batteries. Hayes formed in the edge of the woods, and marched out with as perfect a line as ever was formed on parade. He moved on, and was soon under fire. The enemy opened heavily, bringing down men along the whole line. A slow double-quick was ordered, the alignments being kept good until the edge of the woods was reached.

The fortifications could not be seen. There was only in sight a woody hill, and below it a stream to cross. Hayes, the brigade following, dashed through the creek to the foot of the last hill, which was so steep that the cannon could not be depressed sufficiently to damage them. After halting for a minute to take breath, the brigade charged, with a terrific yell, up the hill. The instant they passed the curve of the hill, as fearful a fire met them as men are ever called to face. The whole line seemed falling, officers and men going down by scores. But not a man stopped; all who were not hit went on. Hayes shouted to his men to push on to the enemy's works. They were carried by assault, many of the enemy being bayoneted beneath ingenious barricades that they deemed impregnable. The enemy were killed or driven out, and their cannon captured. For ten minutes it was a desperate, give-and-take, rough-and-tumble fight. The artillerymen attempted to reload when the assaulting party was not ten paces distant. The enemy retreated to a second ridge of the mountain, and made a determined effort to form a line, but the pursuit was too hot for the effort to be successful. Reinforcements arriving, they endeavored to make a third stand, but were easily driven off in full retreat. Thus ended the battle on the mountain, where the enemy's fort on its summit was carried by storm.

BATTLE OF WINCHESTER.

What is known as the first battle of Winchester, fought July 24, 1864, illustrates the pluck and endurance of Hayes under disaster. Here, as in the last battle, he commanded a brigade in a division of General Crook's army, of West Virginia. Two brigades, under Colonel Mulligan and Colonel Hayes, were ordered to go out and meet what was supposed to be a reconnaissance in force of the enemy. Hayes was ordered to join his right on Mulligan's left, and charge with him. They were to attack whatever there was in front. They could see only two skirmish lines in front. Hayes soon saw appearances of the enemy off on the left. Mulligan was informed there were signs of an enemy forward on the right. Indications were correct. The enemy were coming down upon them in overpowering force on both flanks and in front. Mulligan said his orders were to go forward, and he was going forward. Hayes thought it was as well to go forward as to go any other way, as there could be but one result. Soon after charging, the enemy opened a deadly fire with artillery on the left flank, and infantry close in front. In five minutes Colonel Mulligan fell, pierced with five balls. The enemy had double the force in front, and overlapped the right flank a quarter of a mile. This was a better place to be out of than in. The lines melted away under the destructive fire. The deafening roar of artillery and musketry prevented all commands from being heard. The Hayes brigade fell slowly back to a hill inaccessible to cavalry. There it formed, and held back the yelling pursuers. At this point Lieutenant-Colonel Comly was wounded. The cavalry, whose failure to furnish information of the presence of the enemy had brought on the disaster, had disappeared from the scene. Colonel Hayes' brigade, which was exposed to the cavalry of the enemy, marched in a half square, fighting steadily in front and on both flanks. Once the brigade was concealed in a belt of woods until the enemy's cavalry came within pistol-shot, when the whole line suddenly rose and poured its fire into their ranks. After that, the pursuit ceased. From morning until midnight, Colonel Hayes, having lost his horse, was fighting and encouraging his men on foot, saving his command from annihilation, and displaying personal bravery of the highest order.

BATTLE OF BERRYVILLE.

This was one of the fiercest fights of the war. It was between a South Carolina and Mississippi division, under General Kershaw, and six regiments of the Kanawha division.

The occasion of this battle was this: Sheridan sent a body of cavalry to get in the rear of Early's army and cut off his supplies. To do this there were two roads up the pike--one through Winchester and one ten miles east of Winchester. Ten miles east of this place, through Berryville, was the enemy's headquarters, and Sheridan's object was to throw a force past them which would turn and strike them in the rear. In order to protect that body so that it could get back again--not be cut off on its line of retreat--Crook was ordered to take possession of the pike where the road from Winchester crosses it. The enemy, understanding the plan, moved to take possession of the same crossing. They first attacked with a small force, and were driven back. Being reinforced, they drove back in turn the regiments in advance of the Union force. Colonel Hayes had a line a quarter of a mile long sheltered behind a terrace wall, the ground in front being level with the top of the wall. He sat on his horse watching the tumultuous advance of the enemy. The Union advance lines, being driven back in precipitate retreat, ran right over Hayes' brigade. The enemy followed close on their heels. Hayes let them get within two rods, when the whole brigade rose, and with a yell delivered a deadly volley at the enemy's legs. They then jumped upon the terrace and charged bayonet, driving the pursuing enemy back like a flock of sheep. He pushed them to their second or reserve lines, where they rallied at dark, and stubbornly maintained their ground.

Colonel Hayes' brigade went at double quick pace into action, their leader at the head of the column. The Twenty-third and Thirty-sixth Ohio, and the Fifth and Thirteenth Virginia, constituted at this time his brigade. From dark until almost ten o'clock the cannonading was continuous and the fighting terrible. Hayes, although never more exposed to danger, enjoyed the grand illumination and the thrilling excitement. Both divisions withdrew at the same hour, and the engagement was not the next day renewed. In this short action Colonel Hayes, by his courage and gallantry, added to his popularity as an officer among both officers and men.

FROM MAJOR TO MAJOR-GENERAL.

BATTLE OF OPEQUAN.

Sheridan's battle of Winchester, or Opequan, was fought on the 19th of September, 1864. The battle had a bad beginning, but a glorious ending. There were five hours of staring disaster, and five of inspiring victory. Sheridan, in assuming the offensive, in September, was compelled to fight Early in the latter's chosen and particularly advantageous position, at the mouth of a narrow ravine near Winchester.

Concerning the earlier, or disastrous part of the engagement, it is sufficient for our present purpose to say that Sheridan moved all except one corps of his entire army down this gorge, deployed in the valley beyond, fought a bloody fight, and was driven back in confusion along his line of advance. At noon the enemy were rejoicing over the victory, and their friends in Winchester were jubilant. The reserves of Sheridan were sent for. General Crook, in person, brought the reserve corps into action at one o'clock. He made for the enemy's left flank, and pushed direct for a battery on their extreme left. The brigade of Colonel Hayes was in front, supported by Colonel White's old brigade. The order was to walk fast, keep silent until within one hundred yards of the guns, and then with a yell charge at full speed. These brigades had passed over a ridge and were just ready to begin the rush, when they came upon a deep morass, forty yards wide, with high banks. The enemy's fire now broke out with fury. Of course the line stopped. To stop was death, to go on was probably the same; but the order was "Forward." Colonel Hayes was the first to plunge in; but his horse, after frantic struggling, mired down hopelessly in the middle of the boggy stream. He sprang off and succeeded in reaching the enemy's side. The next man over was Lieutenant Stearne, adjutant of the Thirty-sixth Ohio.

Shot and shell were falling in the water as they crossed, and were still falling. When Hayes regained the opposite bank he motioned rapidly, with his cap in hand, for his men to come over. Some held back, but many plunged into the bog, and struggled across to their leader. Some sank to their chins while holding their arms and ammunition over their heads. Before fifty men had gotten over, Hayes shouted: "Men, right up the bank," and there were the rebel batteries without any support. So the artillerymen were bayoneted in the act of loading their guns. They never dreamed that any Union force could cross the barrier before them. The batteries were captured, the enemy's position successfully flanked, and his whole force driven back five hundred yards to a second line of defense. Here, strongly posted, he delivered a fearfully destructive fire. The advancing line was brought to a standstill by the storm of grape and balls. Officers in advance were falling faster than others, but all were suffering. Things began to look dark. At the most critical moment, a large body of Sheridan's splendid cavalry, with swords drawn, wound slowly around the right, then at a trot, and finally, with shouts, at a gallop, charged right into the rebel lines. Hayes, now in command of the division, his division commander having fallen, pushed on, and the enemy in utter confusion fled. Crook's command carried the forts which covered the heights, and Hayes led the advance of that command. His division entered Winchester in pursuit of Early far in advance of all other troops. The spirit of Early's brave army was broken. Its loss in this battle was nearly seven thousand men.

The day following the battle of Opequan, Stanton telegraphed Sheridan: "Please accept for yourself and your gallant army the thanks of the President and the department for your great battle and brilliant victory of yesterday." An official report of Colonel Comly, commanding the Twenty-third Ohio, thus refers to Colonel Hayes, division commander: "He is everywhere exposing himself recklessly, as usual. He was the first one over the slough; he has been in advance of the line half the time since; his adjutant-general has been severely wounded; men are dropping all around him; but he rides through it all as if he had a charmed life."

FISHER'S HILL.

The assault on South Mountain, or Fisher's Hill, occurred on the 22d of September, three days after the battle of Opequan. Sheridan was in hot pursuit of Early, and had followed him up the Shenandoah valley, overtaking him in position at Fisher's Hill. This is a ridge stretching across the valley where it is only about three miles wide. There is a creek running in front of the ridge. Early had fortified the ridge, and was in strong position. Sheridan was disposed to attack him in front, trusting to the demoralization from the recent defeat for an easy victory.

Crook insisted upon trying to turn their left flank. It was finally determined that it could be done. He was ordered to take Hayes' division, which led the advancing column. Crook and Hayes rode side by side at the head of the men. Pretty soon Crook and every officer, except Hayes, dismounted. The latter had a horse that could go wherever a man could. The command went up mountains, pushed their way through woods, and slid down ravines and gorges. When the enemy's left was supposed to be passed, they turned by the flank and bore down on his rear. Hayes galloped down a ravine, flanked by mountains, until he came right upon the enemy's guns. He rode back, ordered his division to charge with a yell, and the enemy, seized with a panic, fled. The charge was one of great impetuosity, each man trying to reach the entrenchments first. Every gun was captured. The brilliancy of this victory consisted in flanking the enemy from the side of a mountain, where Early said only a crow could go. But Colonel Hayes climbed there on horseback, at the head of his command.

CEDAR CREEK.

On the 19th of October, 1864, was fought the battle of Cedar creek, so memorable in the annals of war. It wiped out Early and his army. It gave the rebel general Gordon a seat in the United States Senate. It made Sheridan lieutenant-general. It made Colonel Hayes a brigadier-general and Governor of Ohio.

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