Easton Pa. June 13. 1862

Hon Eli Slifer

Secy of the Com'th

My dear Sir

I have been requested by the relatives of the late Col. James Miller 81st. P. V, who lately fell at the head of his Regiment near Richmond, to ask you to Send me his Commission as Colonel which had never been received - His widow is naturally desirous to have it and it may be of service to her in reference to claims for averages of pay etc.

Although the particulars of his death have doubtless been forwarded to Head Quarters at Harrisburg I will briefly recapitulate them as they reflect great credit upon the honored & lamented dead. -

Through the experience & care & attention the health of his Regiment had been better preserved than most of the others around him - After the retreat or falling back of Careys division overwhelmed, he was ordered to advance his Regiment to a designated point - Upon reaching it he found it a very advantageous one, a natural rifle pit - He was however soon ordered to again advance to another designated point - This he found an unsafe & dangerous one exposing his Regiment not only to a disadvantageous attack in front but also to to be outflanked - He sent a Sergeant to the General Commanding to communicate the facts to him - The Sergeant not returning and seeing two Regiments marching to out flank him he ordered his Adjutant to go and communicate the danger. He left. - In a few minutes a Regiment marked[?] marched in echelon about 50 yards from him in front, the men in the front rank having on the "blue blouses" of our men, which it was subsequently discovered they had Stolen from our fallen at Williamsburg - As soon as seen Miller brought his Regiment to an aim and Called out "What Regiment is that?" A distant voice replied "Colonel Owens. Penna "9"-" Miller deceived[?] ordered his Regiment to bring down their pieces, that they were friends - Just then the word was heard given in undertone to "make ready" or word equivalent which was done under concealment of their blouses - The movement caught the quick eye of the Colonel who sprang with uplifted hands before his men calling upon them "Down men, Down" motioning to throw themselves upon the ground - Most did so and escaped the deadly volley. He whose whole thought was on his men received the fatal fire & was killed - His Adjutant young McKeen (his cousin) hearing the two vollies turned at full gallop & riding back met 4 of the Companies breaking & in retreat. He rode straight in among them and by threats & entreaties forced them back stopped the disorder, recovered the body of the Colonel and moved back in good order - I learn that the gallant conduct of Adj McKeen on this occasion with their Knowledge of his fitness & qualifications have induced the officers superior to him in rank to waive their claims and ask his Appointment as Major on the expected promotion of Major Currier[?]. - I hope it may be successful and have today written to the Governor on its behalf. I enclose a slip detailing the funeral ceremonies here yesterday with a short biographical sketch -

I am also requested by the father & brother of Adjutant H B McKeen of whom I have both written to request me to ask you to send his Commision to me with that of Colonel Miller - I will remit any charge which may be thereon on receipt

Very Truly

Yours

H. D. Maxwell