Battle of Malvern Hill July 30, 1864

In obedience to your orders I moved Kershaw's, Bryan's, and Humphrey's brigades from the trenches on New Market
|heights and the Darbytown Road late in the evening of the 30th and took possession of the River Road with
little opposition capturing 49 prisoners. You then instructed me to rest my right flank on Bailey Run and
not to leave that flank exposed - to act on the defensive - and - if flanked by superior force on my
left to move back to the trenches on Darbytown Road and New Market Heights. By establishing a skirmish line
wherever natural obstacles presented, that would break the force of a charge, I succeeded in stretching my line
from Sweney's Pottery on Bailey Run on the right to Tilghman's gate, and constructed breastworks. Humphreys
brigade on the right, guarded on that flank by Gary's cavalry, Bryan in the center and Kershaw on the left.

During the day of the 26th the enemy opened their artillery so that position of the line exposed to view
on both sides of Tilghman's Gate and got the exact range of the pickets frequently engaged in my front. Before
daylight on the 27th Col. Carter placed the Rockbridge Artillery with 4 20 parrot guns in poisiton at
Tilghman's Gate in pits embrazured to fire on the enemy, tete du point and Deep Bottom. As soon as the fog
lifted about sunrise, Lt. Col. Rutherford discovered 2 divisions of the enemy infantry, moving to his left
flank and informed me of it. I immediately instructed Lt. Col. Hardaway to hold the artillery horses in
readiness to withdraw his artillery if required. I then for the first time learned from him that his horses had
been sent to the rear by your orders. I repeated to him my instructions to send for them immediately which he
did. Shortly afterwards Gen. Gary informed me by courier that my line was flanked on my left, and that a
column of the enemy was moving against me, between his and my line. I at once determined to abandon my
position as untenable, to save the artillery the only difficulty, to delay the enemy until the horses could be
brought up, I sent a message to Gen'l Gary to attack at once as he had the enemy in reverse and that I would
make dispositions to meet it also.

The artillery was taken from the pits and placed in the road so as to sweep the open field on my left. Two
regiments, the 3d & 15th S.C. Vol. were found in line perpendicular to the road and froonting the enemy's
flanking column - making the artillery the vortex. The disposition, though the best I could do under the
circumstances, was weak in as much as it exposed the right flank of the artillery, and the two regiments in
an enfilade fire from the Tete duu Point, and the most that could be hoped from it was to delay the enemy until
the artillery horses arrived. Gen. Gary did not attack in time. When the enemy advanced, the parrot guns
opened fire upon the line. This drew upon them and the two regiments, the fire of the skirmish line in front,
and the artillery from the Tete Du Pont which perfectly enfiladed them.

The infantry supports gave way, followed by he artillery, leaving our guns in the enemy's possession.
Having no assurances that the artillery horses would be brought up to enable the artillerists to carry off their
guns I made no attempt to retake but immediately gave orders for the withdrawal of all my command to the
trenches at Darbytown Road and New Market Heights which was effected without loss. The enemy pursued slowly but
continuously and established a picket line in front of our trenches.

Late in the evening they made a feeble assault on my extreme left but was easily repulsed by Gen. ----

commanding 10th regiment and Marystown's Legion. 7 killed - 37 wounded - 7 missing.

Respectfully,

Ben. G. Humphreys