Early appears to deem the carrying of the Fredericksburg heights to require an excuse on his part.  He says in his report about our preliminary assaults:  “All his efforts to attack the left of my line were thwarted, and one attack on Marye’s hill was repulsed.  The enemy, however, sent a flag of truce to Col.  Griffin, of the Eighteenth Mississippi Regiment, who occupied the works at the foot of Marye’s hill with his own and the Twenty-first Mississippi Regiment, which was received by him imperfectly; and it had barely returned before heavy columns were advanced against the position, and the trenches were carried, and the hill taken.”  “After this the artillery on Lee’s hill, and the rest of Barksdale’s infantry, with one of Hays’s regiments, fell back on the Telegraph road; Hays with the remainder being compelled to fall back upon the plank road as he was on the left.”  Later, “a line was formed across the Telegraph road, at Cox’s house, about two miles back of Lee’s hill.”

Barksdale says, “With several batteries under the command of Gen. Pendleton, and a single brigade of infantry, I had a front of not less than three miles to defend, extending from Taylor’s hill on the left, to the foot of the hills in the rear of the Howison house.”

Gen. Wilcox, he goes on to state, from Banks’s Ford, had come up with three regiments as far as Taylor’s, and Gen. Hays was also in that vicinity; but “the distance from town to the points assailed was so short, the attack so suddenly made, and the difficulty of removing troops from one part of the line to another was so great, that it was utterly impossible for either Gen. Wilcox or Gen. Hays to reach the scene of action in time to afford any assistance whatever.  It will then be seen that Marye’s hill was defended by but one small regiment, three companies, and four pieces of artillery.”

Barksdale further states that, “upon the pretext of taking care of their wounded, the enemy asked a flag of truce, after the second assault at Marye’s hill, which was granted by Col.  Griffin; and thus the weakness of our force at that point was discovered.”

The bulk of Early’s division was holding the heights from Hazel Run to Hamilton’s Crossing; and the sudden assault on the Confederate positions at Marye’s, and the hills to the west, gave him no opportunity of sustaining his forces there.  But it is not established that any unfair use was made of the flag of truce mentioned by Barksdale.

The loss in this assault seems heavy, when the small force of Confederates is considered.  The artillery could not do much damage, inasmuch as the guns could not be sufficiently depressed, but the infantry fire was very telling; and, as already stated, both colonels commanding the assaulting columns on the right were among the casualties.

The enemy’s line being thus cut in twain, sundering those at Banks’s Ford and on the left of the Confederate line from Early at Hamilton’s Crossing, it would now have been easy for Sedgwick to have dispersed Early’s forces, and to have destroyed the depots at the latter place.  But orders precluded anything but an immediate advance.