With Hayes at Fox’s Gap

The fighting at Fox's Gap on September 14, 1862, marked the end of the road for Joseph Joel of the 23rd Ohio Volunteer Infantry. The Ohioan was struck five times, including once through the lung, when his regiment charged against a Confederate line arrayed behind a stone wall. As he surveyed the landscape, he saw the field carpeted with his comrades including his beloved regimental commander Rutherford B. Hayes. 

    Joel remembered that "Lieutenant Colonel Hayes was struck by a musket ball just above the elbow of his left arm, carrying away the entire width of bone. Fearing an artery was cut, he asked a soldier to tie a handkerchief above the wound, but he was soon obliged to lie down. In a few moments, he got up and began giving directions, but owing to faintness, was compelled to lie down again. Fearing the enemy would flank the regiment, he ordered Co. H to wheel backward and face the threatened attack and the whole line gradually fell back to the edge of the woods under the heavy fire of the enemy. Hayes was soon left between the two opposing forces. The fire was incessant for some time then gradually died away. Some of the 23^rd Ohio boys determined to rescue their commander, but the enemy opened fire upon them, they warmly replied to it and the battle raged again hotly as ever. But he was finally recovered and born back into the woods under safe covering." 

    Joseph Joel received a medical discharge for his wounds in January 1863 and a pension not long afterwards. But, haunted by his experience and needing to make a living, he turned to both art and writing, crafting a detailed depiction of the fighting at Fox's Gap which was published in 1864. He later collaborated with Colonel Lewis Stegman of the 102nd New York in producing Rifle Shots and Bugle Notes, a 600-page collection of soldiers' stories from the war which the duo published in 1884. Joel's reminiscences of Fox's Gap are included in that volume and are reproduced below. 

This image, identified by the Hayes Library as Joseph A. Joel of the 23rd Ohio Volunteer Infantry, raises more questions than it answers. He holds both a non-commissioned officer's sword and wears the stripes of a regimental sergeant major but his official military record shows his only rank to be that of a private. That said, it is unclear if he is wearing a pre-war militia uniform, the uniform was a photographer's prop, or if the photo is misidentified. Given that the image came directly out of President Hayes' collection, I doubt it was misidentified. 

    On the morning of September 13, 1862, General Alfred Pleasanton, in his cavalry reconnaissance, had discovered the enemy in possession of Turner’s Gap on South Mountain, a strongly defensible point, and after skirmishing with the enemy he discovered that the Rebels were determined to defend the pass. Pleasanton sent back for infantry support but in the meantime proposed to hold the enemy in place by constant skirmishing.

          At this point of its crossing where the old National Road from Frederick to Hagerstown runs into it at nearly right angles and through Turner’s Gap, South Mountain is about 1,000 feet in height with a general direction from southwest to northeast. The road runs through a depression of about 400 feet in depth from the crest of the mountain which here forms two ridges, making a sort of narrow valley which, though deep at the pass, becomes slightly depressed about a mile to the north. From the crest, on both sides of the turnpike, there are two country roads that lead to the main road. One is known as the old Sharpsburg road while the other is called the old Hagerstown road. The general outline of the mountain is one of steep ascent as viewed from the Union position.

          On the 14^th, Pleasanton’s cavalry was still battling, aided by Benjamin’s and Gibson’s batteries, which were placed on the high ground to the left of the turnpike keeping the enemy well employed. One of General Cox’s brigades was the first to arrive in support of Pleasanton and reached him about 7 o’clock in the morning, having marched from Middletown at daybreak at which place they had camped overnight. This brigade moved up the old Sharpsburg road to feel the force of the enemy on that side. The heavy fire they received soon convinced them that the Rebels were there to stay. In the meantime, another of Cox’s brigades had arrived and General Reno sent word that his whole corps was in support and Cox was ordered to assault. The heavy guns of Simmons’ battery and two sections of McMullin’s battery belched fire into the gap and held the line of the turnpike all day.

          Then our brigade under Colonel E.P. Scammon came up on the quick run. It was well covered by skirmishers and deployed in movement up the slope to the left of the road with the hope of turning the enemy’s extreme right. In the blaze of terrific musketry and artillery fire, it fought its way to the crest and though charged upon again and again, it succeeded in establishing itself there. The enemy was behind stone walls protected by timberland and rocks, and one of its batteries poured canister, grape, and case shot into the blue line which faltered not until it had planted the colors of the regiment on the summit.

          Crook’s brigade, marching in column, was in supporting distance. A section of McMullin’s battery which had been moved up with great difficulty was completely disabled by the enemy and silenced, the lieutenant and all the men serving the same being all killed by a volley from the North Carolina brigade. Crook’s regiments occasionally relieved those of the first line and then were again relieved by Scammon’s brigade. A section of Simmon’s battery was finally brought to bear and its telling volleys of shot checked the enemy. They several times charged boldly to retake the crest, but they were badly repulsed. The enemy’s battery was withdrawn to a point more on the right and his column formed on both of the Union flanks.

          Among the regiments which composed a part of Scammon’s brigade was the 23^rd Ohio Infantry to which I was attached. Our brigade was the first in support of the cavalry and the 23^rd was one of the first regiments in action with Lieutenant Colonel Rutherford B. Hayes, later our president, commanding. We marched out at 6 a.m. and were sent up a mountain path to get around the Rebel right. Lieutenant Colonel Hayes was instructed to attack and develop the enemy. “Suppose I find the enemy in heavy force?” Hayes asked Scammon. “Well, attack anyhow and you will be supported,” Scammon replied. One of the advanced returned and reported the enemy found with a battery in front. Hayes shouted, heard by his men, “All right then, we’ll take it!”

          The regiment moved by the right flank up the hill with Co. A in front as skirmishers, Co. F to the left, and Co. I to the right as flankers. At 9 a.m., the enemy’s pickets were started and soon was strong force was seen coming down the opposite hill towards the 23^rd Ohio. The regiment was hastily formed in the woods by the rear rank and pushed through the bushes, over rocks, and broken ground toward the enemy. A heavy fire was received, killing and wounding quite a number of us. The fire was briskly returned and soon became heavy. Lieutenant Colonel Hayes ordered an advance and with a yell the regiment charged, the enemy giving away, and the 23^rd Ohio finally halted to reform. Then the firing was resumed and became so furious and heavy that Hayes feared they could not stand it and again ordered a charge, driving the enemy clear out of the woods. The regiment halted near a stone fence, just out of the woods, and a brisk fire was kept up, the enemy sheltering themselves behind stone walls and fences on the opposite hill.

          Soon after the second charge, Lieutenant Colonel Hayes was struck by a musket ball just above the elbow of his left arm, carrying away the entire width of bone. Fearing an artery was cut, he asked a soldier to tie a handkerchief above the wound, but he was soon obliged to lie down. In a few moments, he got up and began giving directions, but owing to faintness, was compelled to lie down again. Fearing the enemy would flank the regiment, he ordered Co. H to wheel backward and face the threatened attack and the whole line gradually fell back to the edge of the woods under the heavy fire of the enemy. Hayes was soon left between the two opposing forces. The fire was incessant for some time then gradually died away. Some of the 23^rd Ohio boys determined to rescue their commander, but the enemy opened fire upon them, they warmly replied to it and the battle raged again hotly as ever. But he was finally recovered and born back into the woods under safe covering.

          Major Comly was now in command and the 23^rd Ohio again advanced from the woods on the hill to the hollow in front of the enemy who was ensconced behind a stonewall on brow of the opposite hill. The 12^th Ohio here joined the 23^rd Ohio and Colonel Scammon charged with these two regiments up the hill and over the wall, driving 12^th and 23^rd North Carolina regiments who opposed them. It seemed a singular coincidence that regiments having the same regimental designation should be pitted against each other in this terrible mountain fight.

          In these three charges, many of the enemy were killed by bayonet thrusts as were some of our own men by the enemy so close and murderous was the impact. Late in the afternoon, the 23^rd Ohio, in common with the whole line, made a final charge driving the enemy from the field. Our regiment lost 32 killed and 95 wounded; I numbered among the latter as during the charge at the stonewall, I received five wounds, one ball passing through the right lung.

(Private Joel's five wounds sustained at South Mountain ended his war; he was discharged for disability on January 22, 1863.)

Source:

“South Mountain,” Private Joseph A. Joel, Co. F, 23^rd Ohio Volunteer Infantry. Joel, Joseph A., and Lewis R. Stegman. Rifle Shots and Bugle Notes, or The National Military Album. New York: Grand Army Gazette Publishing Co., 1884, pgs. 499-502