The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1862-06-30
General Biraey st the Battle or Fair


TO THE rDrros or THE NEW YORK HERALD.
The report or the battle Of Fair Oaks, published In
your or Wednesday did injustice to General Bir-
ney and his command. I, as his partner am Of course
anxious that this explanation and PREPARATION be made as
public possible and would esteem II favor If you
would give place to the enclosed your columns Yours,
respectfully, O.w DAVIS.
The reported arrest Of this officer on the battle nsa
and the sta ement made by your correspondent that
had his brigade obeysd the order Of General Hsntzel
man at the battle Of Fair Oaks, many valuable ivcs
would have been saved. have brought upon General
Birney unjust and undcserved His immediate
friends confident OF his bravery and energy have mover
doubted that whep the smoke Of the battle eld raised
sTay 20 would DO fully exonerated from all blame
Had he been charged with some rash act, his friends
could have believed possiblefor BY nature he is m
pulsiyeand they could believe that he had undertaken
some rapid movement resulting in dsas al no one
whoknows the man would, without conclusive evidence,
believe that he too slow.
AS the Of his arrest to be the sub ect OF
inquiry by military tribunal 1t would be injurious 70
anticipate the evidence which VIII be offered; bat It is
made in response to the unfair ions. which have
no other foundation th. the statement OF reporter
ared the day Of the battle and before no could pos
sby have had time TO ascertain the part performed by
the brigade under the command OF General Blrney.
Pref edsnts not wanting to show that the st reports
damaging 70 the character Of officer seldom veri-
fed. The charge against General Smith, OF drunken.
ness before Yorktown, had no other foundation than
that his horse stumbled and fell. Il was immediately
but for fortunate his b. gade would have
boon cut pieces Bnscd upon newspaper authority
tho statement made the floor OF Congress but ia
less than ten days the truth known. and Goueral
Smith was vndcaed In the estimation Of these who bad
charged him unusty Other generals have beoa charged
with inoitciency. cowardce and treason, and have
for time rested under the most unjust mputatons bat
PREPARATION has invariably followed investigation.
General Brney cannot claim exemption from the
chances Of war; and IT, while attempting the
conflicting orders given during the panic which ensCed
upon the unexpected rout Of General division on
n In .ona hat
General Birney had dsobeysd orders IL becomes HIM as
good soldier to remain quiet under tho charge Until the
time for explanation shall arrive
There is man from our city who has made greater
sacrifices to do his duty 10 his country than General
ney he abandoned large and lucrative business and
threw his whole energies into his His pro-
motion from lieutenant colonel to brigadier general
during the FIRST eight months Of the war, solely the
result of the opinion OF his competency based upon his
conduct for he had friends court, had he
been engaged ia political life
ince his appointment brigadier general he been
ia command OF the second brigade General kearneys
division composed OF two New York regments-the
Thirty eighth and Fortieth-and two Maine-the Third
and Fourth On saturday May 81, when the attack
made upon General Casey's division, General Brnsys
brigade was in camp about two miles General Ca
soy About three o'clock he received orders from Gene
raj Kearney TO advance up the railroad and report to
General Reyes IN front. The brigade Immediately
under arms; but before leaving the field hc received
an order ON General Kearney through aid TO man
the rifle pits which were near the camp.
This position General Brney retained until about half
past 10 O'Clock, when Licut. Hunt brought order
from General Hentzelnan TO proceed the railroad
support General Couch and General Casey. This was
done IN tho face OF tho panc-sricken of Casey's
division, who were rushing 10 tho Colonel Camp
bell {now the city, severely wounde ~ with the Ft,
seventh Pennsylvania, hero placed himself
raj Brney's command, being detached from his
D:igade After marching mile, tho firing the lott
and rear became heavy and the kirst Long Island
regiment. Coiorcl Adams (of COUGHS dvison) was fall
ing back. General Birney Immediately formed in line
and engagement ensued, In which Colonel
Campbell was wounded and tho major Of tho regiment
killed.
IN eneny were drivcr ha-L - &ha vo;c, or ,h.h.o
net This oayonet charge Is OF those spoken OF by
General Mcclellan in his despatch OF June aud IL
raed the design Of the enemy attempting to turn The
iaLk Of the First Long IsiaLd. & ~ ~
Al this point Captain BRADY, Of the artillery rode up
and informed General Brney that General Couch
danger Of being cut Off but had found the tho
swamp and would b. II General Birnoy could main
tain his position. General Birney him back with
word that he cJtd and would do So This was dore and
COUGHS division saved II is stated by General Rear.
ncy, IN note to General HentzeIman. written Mon
day June 2. L
Brney 10 advance up the railroad unless enemy were
ON his right Ar advance was made along the elbank-
mcn through the swamp, without the Fifty
fourth fennsylvanin which was not in n condition be
further effective. Tho embankment was passed with
considerable loss, the enemy firing from the swamp on
both Sides. Beyond the embankmolt engagement
going on TO the right To the left and in the rear
the hing OF musketry showed that the Union forces had
been driven in. General Birney once connected his
right with the left OF General Sedgwck Command
moved forward.
Here Captain Hassler, q General Kearnsy's stan,
BY him. General Birney sent aid 70 Gene NJ Kear-
ney 70 explain his position, and to ask conmaio1 OF
the order 10 fall back. 1t proved TO 10 psre ry ana
brigade returned good order General B.rney at
reported to General Kearney and was ordered 70
form line connecting with Summers divisi,n the
right aud Jainesons brigade on the LETT The brigade
Remained In this position ali night The line the
railroad.
The mex, merning General Birney was relieved Of his
commsnd by order OF General Heinlzclman, and, of
course, took no part in the engagement Of SUNDAY.
so FAR as understood the alleged failure to execute
At
keyes In front: but this resulted from the subsequent
Modification of the original order as to render its
original order aud during the night learned
that II had not been Complied with, but was mol aware
OF the orders subsequently, given OF tho important
services rendered by the brigade saturday afternoon
The reports which we're prepared Sunday and pub
lshsd Ia two q the New York papers on Tuesday and
Wednes lay, were evidently prepared without inquiry
General Rpey, with his .adc, did halt but 1t was in
pursuance q 6fders Tie US not sswilhlh mile or the
enemy but within the reach OF the bayone and those
now living who were in his brigade saturday atcr
noon, do say that there any omission or duty or
failure TO perform service which the position Of
the brigade permitted.
Two Il the regiments (tho Third Maine and Thirty
eighth New York; continued up the railroad under
Captain sturges Gene Kearnsys star while Gene.
sion disposed the Forteth New York in the rife pi,s
and dcpoysd the Fourth Maine right extending
the railroad General Kcarney then personally ordered
General Birney TO stop the two regiments advancing
the railroad TO form on the side OF the road
throw out the others skrmshers the flank
10 advance beyond the limo OF the rifle pits.
The imputations upon General Brney which the re.
ports referred to imply do not cast shadow upon
him alone, but on the officers and under his
mand Tho services they rendered valusb.c snd
important Human flesh and blood could not have done
MORE and the number OF killed aud wounded from their
ranks attest that the contest In which they en-
gagged not boodless. For their sake well a. that
of their general this statement has been prepared and
Is hoped that may In some measure disabusc the i'm
preston which the public mind may have formed from
the unfounded allegations rendered by the
hastily prepared reports Of this battle.
NEW Wharf.-The frst lot Of this years crop of
wheat recsvedat So louis the 10Th from South
Illinois, and sold at 81 20 bushel Samples Of
new wheat grown in Ohio exhibited Cincinnati
on thc 10th inst.