nd with that of the press,
for in the following spring he was elected to the office to which he had
been appointed by a majority of two thousand five hundred and
thirty-six on the popular vote. His Democratic opponent was W. T.
Forrest.

He filled the office of corporation counsel for three years, during
which time, as legal adviser of the municipal government of a great
city, he passed judgment upon questions involving large interests, and
discharged with high fidelity the duties of an important trust. As city
solicitor, the opinion which perhaps aroused the most general attention
and interest, was one delivered in February, 1859, denying the right of
the city council to contract debts for waterworks purposes, without
additional authority from the General Assembly. He was opposed to the
increase of taxation and creation of new debts, on principle. In April,
1861, in common with the entire Republican ticket, he was defeated for
re-election as city solicitor. His vote, however, was larger than that
of any candidate on his ticket. He had suffered a similar defeat in the
fall of 1856, when a candidate for Common Pleas Judge, his party being
in a decided minority in Hamilton county. Had the election of 1861
occurred two weeks later, when the great uprising came with the fall of
Sumter, the Republican war ticket, not the Democratic compromise ticket,
would have carried the day.

CHAPTER IV.

IN THE FIELD.

_Appointed Major--Judge Advocate--Lieutenant-Colonel--South
Mountain--Wounded--Fighting while Down--After Morgan--Battle of
Cloyd Mountain--Charge up the Mountain--Enemy's Works Carried by
Storm--First Battle of Winchester--Berryville._

That a loyal citizen of the antecedents, ardent patriotism, and
impulsive nature of Rutherford B. Hayes would enter the army in the war
for the Union, was to be looked for as a thing of course. He had been in
the habit of obeying every call of duty, and could not therefore disobey
when duty called loudest. He regarded the war waged for the supremacy of
the constitution and the laws as a just and necessary war, and preferred
to go into it if he knew he "was to die or be killed in the course of
it." He had been a most earnest advocate of the election of Mr. Lincoln
to the Presidency, and had been an anti-slavery man of established
convictions long before the candidacy of Fremont for the Presidency. He
did not think the Union should be destroyed to make slave