40th New York Infantry Regiment

United States Regiments & Batteries > New York > 40th New York Infantry Regiment

“Mozart Regiment”

The 40th New York Infantry Regiment lost 10 officers and 228 enlisted men killed and mortally wounded and 2 officers and 170 enlisted men to disease during the Civil War. Of all New York regiments only the 69th New York suffered more men killed and wounded. The regiment’s name came from being sponsored by the Mozart faction of the New York Democratic party.

The regiment is honored by a monument at Gettysburg at the foot of Little Round Top near the Devils Den.

1861
June 27 Organized at Yonkers, New York. Companies B, G, H, & K were from the state of Massachusetts and two other companies were from Pennsylvania.
July 4 Left New York for Washington, D.C. for duty in the Defenses of Washington near Alexandria and on the Upper Potomac.  Commanded by Colonel Edward J. Riley, Lieutenant Colonel Thomas W. Egan, and Major Richard T. Halstead.
August Attached to Howard’s Brigade, Division of the Potomac. The regiment constructed Fort Ward in Alexandria, Va. and guarded the Orange & Alexandria Railroad.
October Attached to Sedgwick’s Brigade, Heintzelman’s Division, Army of the Potomac
October 21-24

Operations on the Potomac
October 21

Action at Ball’s Bluff
1862
March Attached to 2nd Brigade, 3rd Division, 3rd Corps, Army of the Potomac
March 10-15 Advance on Manassas, Virginia.
March 17

Peninsula Campaign

Ordered to the Virginia Peninsula.
April 5-May 4

Siege of Yorktown, Virginia.

The regiment was the first to enter the Confederate works after they were evacuated, and lost 7 men wounded to torpedos.
May 5

Battle of Williamsburg

The regiment lost 6 enlisted men killed or mortally wounded and 1 officer and 22 enlisted men wounded in its first battle.
May 26 Major Halstead was dismissed. Captain Albert S. Ingalls of Company H was promoted to major.
May 31-June 1

Battle of Seven Pines or Fair Oaks

Five companies were engaged in heavy fighting with the 5th and 8th Alabama Infantry Regiments. Colonel Riley was injured by a fall from his horse and forced to leave the field, and the regiment lost 13 enlisted men killed or mortally wounded, 2 officers and 78 enlisted men wounded, and 3 enlisted men captured or missing.
June 4 Colonel Riley resigned. Lieutenant Colonel Thomas Egan promoted to colonel and Captain Nelson Gesner of Company D promoted to lieutenant colonel.
June 14

Fair Oaks

The regiment lost 2 enlisted men killed or mortally wounded and 2 men wounded.
June 25-July 1

Seven Days before Richmond

The regiment lost 2 officers and 6 enlisted man killed or mortally wounded, 18 enlisted men wounded, and 78 enlisted men captured or missing during the seven days from Oak Grove to Malvern Hlll
June 25

Battle of Oak Grove near Seven Pines
June 29 Jordan’s Ford
June 29

Savage Station
June 30

White Oak Swamp and Glendale

Major Ingalls was mortally wounded
July 1 Malvern Hill
July 3 Turkey Bend
July – August At Harrison’s Landing attached to 2nd Brigade, 1st Division, 3rd Corps, Army of the Potomac.
August 16-26 Movement to Fortress Monroe, then to Centreville
August 26-September 2

Pope’s Campaign in Northern Virginia
August 12 Captain Allen P. Lindsay was promoted to major.
August 29

Battle of Groveton

The regiment lost 9 enlisted men killed or mortally wounded
August 30

Second Battle of Bull Run (Second Manassas)

The regiment lost 4 enlisted men killed or mortally wounded and 82 wounded out of the 244 men engaged.
September 1

Battle of Chantilly

The regiment lost 10 enlisted men killed or mortally wounded and 51 wounded, gaining parise for its gallant conduct.
September 6 The enlisted men of the 87th New York Infantry Regiment were consolidated with the 40th and assigned to Companies E and F.
September Picket duty at Conrad’s Ferry
October 11-November 19 Movement up the Potomac to Leesburg, then to Falmouth, Virginia.
August 12 Captain Allen P. Lindsay was promoted to major
December 12-15

Battle of Fredericksburg

The regiment lost 3 officers and 29 enlisted men killed or mortally wounded, 5 officers and 64 enlisted men wounded and 26 enlisted men captured or missing, while supporting the withdrawal of Meade’s Pennsylvania Reserves. This was over half the men engaged
1863
January 20-24
“Mud March”
February-April At Falmouth
February 23 Lieutenant Colonel Gesner was discharged. Major Lindsay was promoted to lieutenant colonel and Captain Augustus J. Warner of Company E promoted to major
April 27-May 6 Chancellorsville Campaign. Attached to 3rd Brigade, 1st Division, 3rd Corps
May 1-5

Battle of Chancellorsville

The regiment was surrounded during Jackson’s flank attack. It fixed bayonets and cut its way through to Union lines, losing 5 enlisted men killed or mortally wounded, 3 officers and 33 enlisted men wounded, and 29 enlisted men captured.
May 25 Consolidated into five companies, B, C, D, F and G.
May 30 Two hundred twenty five men who had enlisted in other regiments for three years were transferred to the 40th when their regiments mustered out at the end of their two year enlistments. Companies I and K were from the 37th New York Infantry Regiment and Companies A, E and H were from the 38th New York Infantry Regiment.
June 11-July 24

Gettysburg Campaign
June 11 Broke camp and marched north via Warrenton, Bealton Station and Catlett’s Station.
June 15 Arrived at Manassas
June 17 Marched to Centerville
June 25 Crossed the Potomac at Edward’s Ferry on Pontoons in “a fatiguing march in the drenching rain of over 30 miles,” moving up the canal towpath and over the Moncacy on the aqueduct bridge.
June 26 – 30 Marched via Jefferson, Middletown, Frederick, and Boonsboro, over South Mountain via Crampton’s Gap, and though Taneytown to Emmitsburg.
July 1-4

Battle of Gettysburg

The regiment was commanded at Gettysburg by Colonel Thomas W. Egan, who was slightly wounded on July 2. It brought 606 men to the field and in fighting in the “Valley of Death” between Little Round Top and the Devil’s Den lost 1 officer and 22 enlisted men killed, 5 enlisted men mortally wounded, Colonel Egan, Major Warner, 2 other officers and 12 enlisted men wounded and 7 enlisted men missing or captured.

< See Colonel Egan’s Official Report for the 40th New York for the Battle of Gettysburg >
July 5-24 Pursuit of Lee
July 7 Lieutenant Colonel Lindsay was discharged. Major Warner was promoted to lieutenant colonel and Captain Emmons F. Fletcher of Company G was promoted to major
July 23 Wapping Heights, Virginia.
August Duty on the line of the Rappahannock
October 9-22

Bristoe Campaign
October 13-14

Auburn and Bristoe

The regiment lost 1 enlisted man mortally wounded, 1 wounded, and 2 missing
November 7-8 Advance to line of the Rappahannock
November 7

Kelly’s Ford

The regiment lost 1 enlisted man mortally wounded and 3 wounded
November 26-
December 2

Mine Run Campaign
November 27
Payne’s Farm

The regiment lost 2 enlisted men killed or mortally wounded and 2 officers and 26 enlisted men wounded
November 28-30

Mine Run
December 29 The regiment reenlisted almost unanimously
1864
February 6 Demonstration on the Rapidan
February Near Brandy Station
March Attached to 1st Brigade, 3rd Division, 2nd Corps
May 3-June 15

Campaign from the Rapidan to the James River
May 5-7

Battle of the Wilderness

The regiment lost 1 officer and 39 enlisted men killed or mortally wounded, 6 officers and 130 enlisted men wounded, and 1 officer and 36 enlisted men missing or captured
May 8-21

Battle of Spotsylvania Court House

Colonel Egan took command of the brigade when Brigadier General J. H. Hobart Ward was relieved for drunkeness. Lieutenant Colonel Warner took command of the regiment, which lost 16 enlisted men killed or mortally wounded, 7 officers and 43 enlisted men wounded, and 1 officer and 27 enlisted men missing or captured.
May 8

Laurel Hill
May 10

Po River

Major Fletcher was wounded.
May 12 Assault on the Salient or “Bloody Angle”
May 19

Harris Farm or Fredericksburg Road
May 23-26

North Anna River

The regiment lost 5 enlisted men killed or mortaly wounded
May 26-28 On line of the Pamunkey
May 28-31

Totopotomoy

The regiment lost 3 enlisted men killed or mortally wounded. It also lost 21 enlisted men wounded and 20 missing or captured from the North Anna to Totopotomoy
June 1-12

Cold Harbor

The regiment lost 5 enlisted men killed or mortally wounded and 3 enlisted men captured or missing
June 16-18

Before Petersburg

The regiment loses 1 officer and 16 enlissted men killed or mortally wounded, Colonel Egan, Lieutenant Colonel Warner, another officer and 22 enlisted men wounded, and 2 enlisted men missing or captured.
June 15 1864 – April 2, 1865

Siege of Petersburg

The regiment lost 1 officer and 16 enlisted men killed or mortally wounded, 33 enlisted men wounded, and 2 enlisted men missing or captured in the ten months of the siege
June 21-23
Jerusalem Plank Road
July 7 Expiration of terms of service. Entitled men were discharged and the regiment was continued, but consolidated into six compaies, A-F.
July 27-29 Demonstration north of the James
July 27-28

Deep Bottom

The regiment lost 1 officer killed amd 1 enlisted man wounded
August 3 Men from the 74th New York Infantry who did not muster out with their regiment were transferred into the 40th as Companies G and H.
August 13-20 Demonstration north of the James
August 14-18

Strawberry Plains, Deep Bottom
September 29-October 2

Poplar Springs Church
September 6 Lieutenant Colonel Warner was discharged for disability due to his Petersburg wound. Captain Madison M. Cannon of Company B promoted to major.
September 15 Major Cannon promoted to lieutenant colonel and Captain Thomas Crawford of Company A promoted to major.
September 29 Colonel Egan discharged due to his Petersburg wound.
October 2 Captain Joseph Briscoe of Company C mustered out to become colonel of 196th New York Infantry Regiment
October 27-28

Boydton Plank Road

The regiment lost 3 enlisted men killed or mortally wounded and 5 wounded
November 28 Lieutenant Colonel Cannon promoted to colonel but not mustered due to reduced size of regiment
December 7-12 Raid on Weldon Railroad
1865
January 31 Major Crawford promoted to lieutenant colonel and Captain Augustus Keene of Company H promoted to major, but neither mustered due to reduced size of regiment
February 5-7

Hatcher’s Run

The regiment lost 2 enlisted men wounded.
March 25

Watkins’ House

The regiment lost 4 enlisted men wounded
March 28-April 9

Appomattox Campaign
March 29-30

White Oak Road
March 31 Crow’s House
April 2

Fall of Petersburg
April 6

Sailor’s Creek

The regiment lost 3 enlisted men killed and 1 officer and 7 enlisted men wounded
April 7

High Bridge and Farmville
April 9

Appomattox Court House

Surrender of Lee and his army.
April – May At Burkesville
May 2-15 March to Washington, D.C.
May 23 Grand Review
June 27 The 40th New York Infantry Regiment mustered out on Hart’s Island, New York, under the command of Lieutenant Colonel Cannon and Major Crawford