In 1858 was elected city solicitor by the city council of Cincinnati to fill a vacancy, and in the following year was elected to the same office at a popular election, but was defeated for reelection in 1861.  After becoming a voter he acted with the Whig party, voting for Henry Clay in 1844, for General Taylor in 1848, and for General Scott in 1852.  Having from his youth cherished antislavery feelings, he joined the Republican party as soon as it was organized, and earnestly advocated the election of Fremont in 1856 and of Lincoln in 1860.  At a great mass meeting held in Cincinnati immediately after the firing on Fort Sumter was made chairman of a committee on resolutions.  His literary club formed a military company, of which he was elected captain.  June 7, 1861, was appointed by the governor of Ohio major of the Twenty-third Ohio Volunteers.  September 19, 1861, was appointed by General Rosecrans judge-advocate of the Department of the Ohio.  October 24, 1861, was promoted to the rank of lieutenant-colonel.  In the battle of South Mountain, September 14, 1862, distinguished himself by gallant conduct in leading a charge and in holding a position at the head of his troops after being severely wounded in his left arm.  October 24, 1862, was appointed colonel of the Twenty-third Ohio.  In July, 1863, while with the army in southwestern Virginia, caused an expedition of two regiments and a section of artillery under his command to be dispatched to Ohio for the purpose of checking the raid of the Confederate general John Morgan, and aided materially in preventing the raiders from recrossing the Ohio River and in compelling Morgan to surrender.  In the spring of 1864 commanded a brigade in General Crook’s expedition to cut the principal lines of communication between Richmond and the Southwest.  Distinguished himself by conspicuous bravery at the head of his brigade in storming a fortified position on the crest of Cloyd Mountain.  Commanded a brigade in the first battle of Winchester.  Took a creditable part in the engagement at Berryville, and at the second battle of Winchester, September 19, 1864, performed a feat of great bravery.  Leading an assault upon a battery on an eminence, he found in his way a morass over 50 yards wide.  Being at the head of his brigade, he plunged in first, and, his horse becoming mired at once, he dismounted and waded across alone under the enemy’s fire.  Signaled his men to come over, and when about 40 had joined him he rushed upon the battery and captured it after a hand-to-hand fight.  At Fishers Hill, September 22, 1864, being then in command of a division, executed a brilliant flank movement over mountains and through woods, took many pieces of artillery, and routed the enemy.  At the battle of Cedar Creek, October 19, 1864, his conduct attracted so much attention that his commander, General Crook, commended him, saying, “Colonel, from this day you will be a brigadier-general.”  The commission reached him a few days afterwards.