Volunteered originally in the three months service in the beginning of the war, and, at the expira tion of that term, was reorganized as a three years regiment. It reenlisted in 1864, the first regiment in the Army of the Potomac to do so. Leaving its State, October 20, 1861, it proceeded by steamer to Fort Monroe, where it remained encamped until May, 1862, when it was ordered to Norfolk on provost duty, and thence, after two months, to Suffolk. In September it joined McClellan's army, then in Maryland, and was placed in Max Weber's (3d) Brigade, French's (3d) Division, Second Corps. The regiment was engaged at Antietam, where, in its first battle, it acquitted itself with honor; its casualties on that bloody field amounted to 31 killed, 182 wounded, and 17 missing; a total of 230 out of 650 engaged. Colonel Andrews led the brigade at Fredericks burg, and Major Smyth, the regiment; its loss in that battle was 10 killed, 74 wounded, and 9 missing. At Get tysburg, the regiment was in the Second Brigade; Colonel Smyth commanded the brigade, and General Alex. Hays the division. Smyth's men contributed materially to the repulse of Pickett's charge; they were in a position behind a 1ow, heavy stone wall, but, disdaining its shelter, rose to their feet to meet the charge, and fired with coolness and accuracy; the men in the rear rank had accumulated a supply of extra rifles, already loaded, which they passed to the front rank as fast as they could be fired. The loss there was 10 killed, 54 wounded, and 13 missing. Smyth was promoted Brigadier, and was killed at Farmville, in the last battle of his Corps.