39th New York State Volunteers
"Garibaldi Guard"

4th D Company

"The Spanish Company"

Enlistment in May 1861
(New York Times, May 18, 1861)
Mustered in New York City
May 28, 1861 by Col. d'Utassy

Regimental History

Thirty-ninth Infantry (Three Years).-Cols., Frederick G. D'Utassy, Augustus Funk; Lieut.-Cols., Alexander Repetti, Charles Schwartz, James G. Hughes, John McE. Hyde, David A. Allen; Majs., Charles Wiegand, Anton Vekey, Charles Schwartz, Hugo Hillebrandt, Charles C. Baker, John McE. Hyde, David A. Allen, Charles H. Ballou.

The 39th, the "Garibaldi Guard," recruited in New York City, was composed of three Hungarian companies, three German, one Swiss, one Italian, one French, one Spanish and one Portuguese, most of whose members had already seen active service.

It was mustered into the U. S. service at New York, May 28, 1861, for three years and left the state for Washington, D.C. on the same day. Camp Grinnell was established near Alexandria, Va., and occupied until July 17, when the 39th participated in the movement of the army toward Manassas with the 1st brigade, 5th division, though in the battle of Bull Run the regiment was but slightly engaged.

After a few weeks at Alexandria, much ill feeling prevailed over the failure to receive some expected privileges and 50 members of Co. G mutinied, but returned to the command after being disciplined by arrest and imprisonment.

Until November, it was encamped near Roach's Mills, when winter quarters were established at Hunter's Chapel, Va. The brigade, originally commanded by Gen. Blenker, was in the spring of 1862 commanded by Gen. Stahel and served in Blenker's division of Sumner's corps.

In April, 1862, the division was assigned to Gen. Fremont's command and joined his forces May 11, taking part in the engagements near Strasburg and at Cross Keys. On June 26 the 39th was assigned to the 1st brigade, 3d division, 2nd corps of the army under Gen. Pope, and encamped at Middletown, Va., during July and August. The regiment shared in the disaster at Harper's Ferry in Sept. 15, 1862, and in the surrender 530 of its members fell into the hands of the enemy, but were paroled and proceeded to Camp Douglas, Chicago. They were exchanged in November, returned to Washington, D.C. and established winter quarters at Centerville, where the regiment was assigned to the 3d brigade, Casey's division, 3d corps in Jan., 1863.

In June, 1863, it became part of the 3d brigade, 3d division, 2nd corps, and moved to Gettysburg, where it fought valiantly in the front of the left center, with a loss of 95 killed and wounded, the brigade losing six field officers killed or seriously wounded.

Three battle flags were captured by the 39th, a Mass. battery was recaptured, and the regiment received official commendation for its valor. Moving southward with the army, the regiment encountered the enemy at Auburn Ford and Bristoe Station in October; participated in the Mine Run campaign; went into winter quarters at Brandy Station, where in Dec., 1863, four new companies were received; in Jan., 1864, two others were added to the regiment, which had been previously consolidated into a battalion of four companies.

In February, it was active at Morton's Ford; was assigned in March to the 3d brigade, 1st division, 2nd corps; shared in the Wilderness campaign, being active at the Wilderness, at Todd's tavern, the Po river, Spottsylvania, the North Anna, Totopotomoy and Cold Harbor.

On June 25, 1864, the original members not reenlisted were mustered out at New York City, the remainder of the regiment was left in the field and moved with the Army of the Potomac to Petersburg. Seven companies, known as the 39th battalion, were assigned to the consolidated brigade, 2nd corps, and were engaged at Petersburg, Deep Bottom, at Reams' Station, Hatcher's Run, White Oak Ridge, and in the final assault on the Petersburg fortifications April 2, 1865.

The battalion then joined in the pursuit of Lee's army and performed various routine duties in the vicinity of Richmond until July 1, 1865, when it was mustered out at Alexandria. The 39th lost during its term of service 119 by death from wounds, and 159 by death from accident, imprisonment or disease, of whom 94 died in prison.

Source: The Union Army, Vol. 2, p. 76

New York
THIRTY-NINTH REGIMENT OF INFANTRY (VETERAN). Garibaldi Guard; Italian Legion; Netherland Legion; Polish Legion; Hungarian Regiment; First Foreign Rifles. (Three Years)

This regiment, raised by the Union Defense Committee of New York City, under special authority from the War Department, was accepted by the State May 27, 1861; organized and recruited at New York city under Col. Frederick George D'Utassy, and mustered in the service of the United States for three years at Washington, D. C., June 6, 1861, to date from May 28, 1861. Three companies consisted of Germans, three of Hungarians, one of Swiss, one of Italians, one of Frenchmen, and one of Spaniards and Portuguese. May 31, 1863, the regiment was consolidated into four companies: A, B, C and D; new companies were organized in the field from recruits: E December 8; F December I4; G December I9; H December 30, 1863; I and K in January, 1864. Companies A, B, C and D were mustered out in New York city June 24, 1864, those not entitled to be discharged having previously been transferred to other companies; and the regiment, six companies, E, F, G, H, I and K, retained in service. In October, 1864, a new Company D, enlisted principally at Malone for one year, joined the regiment; June 2, 1865, the members of the regiment not to be mustered out with it were transferred to the 185th Infantry.

The regiment left the State May 28, 1861; served at and near Washington, D. C., from June 1, 1861; in the 1st Brigade, 5th Division, Army of Northeastern Virginia, from July 13, 1861; in Blenker's Brigade, Division of Potomac, from August 4, 1861; in Stahel's Brigade, Blenker's Division, Army of the Potomac, from October 15, 1861; in 1st Brigade, same division, Mountain Department, from April, 1862; in White's Brigade, Army of Virginia, at Winchester, Va., from July, 1862; at Harper's Ferry, W. Va., from September, 1862; at Camp Douglass, Chicago, Ill., from September 27, 1862; near Washington, D.C., 1st Brigade, Casey's Division, defenses of Washington, from December, 1862; in January, 1863, in 3d Brigade, Casey,s, later Abercrombie's Division, 22d Corps; in 3d Brigade, 3d Division, 2d Corps, Army of the Potomac, from June 25, 1863; in the 3d, and for a time in the Consolidated, Brigade, 1st Division, 2d Corps, Army of the Potomac, from March, 1864; and was honorably discharged and mustered out, under Col. Augustus Funk, July 1, 1865, except (new) Company D, which had been mustered out, June 7, 1865, at Alexandria, Va.

Source: Phisterer, p. 2,188

Battles Fought
June 11, 1861 at Romney, VA.
May 15, 1862 at Franklin, VA.
May 28, 1862 at Franklin, VA.
June 8, 1862 at Cross Keys, VA.
June 8, 1862 at Harrisonburg, VA.
June 12, 1862 at Cross Keys, VA.
July 15, 1862 at Hospital.
July 15, 1862 at Middletown, VA.
September 15, 1862 at Harper's Ferry, VA.
July 1-3, 1863 at Gettysburg, PA.
October 14, 1863 at Bristoe Station, VA.
November 30, 1863 at Mine Run, VA.
December 1-2, 1863 at Mine Run, VA.
December 2, 1863 at Rapidan, VA.
February 6-7, 1864 at Morton's Ford, VA.
March 15, 1864 at Rapidan, VA.
May 4-8, 1864 at Wilderness, VA.
May 9-10, 1864 at Spotsylvania Court House, VA.
May 10, 1864 at Laurel Hill, VA.
May 10, 1864 at Po River, VA.
May 12, 1864 at Po River, VA.
May 12-17, 1864 at Spotsylvania Court House, VA.
May 18, 1864 at Landron House, VA.
May 18, 1864 at Laurel Hill, VA.
May 18, 1864 at Spotsylvania Court House, VA.
May 30, 1864 at Pamunkey River, VA.
May 30, 1864 at Totopotomoy Creek, VA.
May 31, 1864 at Cold Harbor, VA.
May 31, 1864 at Hanover Court House, VA.
May 31, 1864 at Hanover Town, VA.
May 31, 1864 at Totopotomoy Creek, VA.
June 1-3, 1864 at Cold Harbor, VA.
June 7-8, 1864 at Cold Harbor, VA.
June 14-17, 1864 at Petersburg, VA.
June 20, 1864 at Balesburg, VA.
June 21, 1864 at Weldon Railroad, VA.
June 21-23, 1864 at Petersburg, VA.
June 22, 1864 at North Anna River, VA.
June 22-23, 1864 at Weldon Railroad, VA.
June 24, 1864 at Petersburg, VA.
June 27, 1864 at Petersburg, VA.
July 21, 1864 at Weldon Railroad, VA.
July 27, 1864 at Deep Bottom, VA.
August 14, 1864 at Strawberry Plains, VA.
August 16, 1864 at Strawberry Plains, VA.
August 25, 1864 at Deep Bottom, VA.
August 25, 1864 at Reams' Station, VA.
August 25, 1864 at Weldon Railroad, VA.
October 27, 1864 at Fort Sedgwick, VA.
March 31, 1865 at Appomattox Campaign, VA.
March 31, 1865 at City Point, VA.
March 31, 1865 at Petersburg, VA.
March 31, 1865 at White Oak Ridge, VA.
April 2, 1865 at Farmville, VA.
April 2, 1865 at Petersburg, VA.
No. Surname First Name Rank Age Birthplace Occupation








Diagnosed with kidney disorder Sept. 29, 1861; request for resignation Oct. 4, 1861 for "ill health & family troubles" denied two weeks later by medical board; resigned due to "severe family misfortunes" on Dec. 21, 1861, G.O. 191, par. 1, A of P. Commissioned in Co. A, Enfans Perdus Regiment New York on April 17, 1862. Resigned June 1, 1863. 




1st Lt.








Arrived in N.Y.C. from Havana on the steamer Empire City, May 28, 1859. Transferred Sept. 12, 1861 to Adjutant of the Staff; discharged for incompetency, Special Order 299 par. 14, A.G.O., Oct. 17,1862.
Alvarez de la Mesa




2nd Lt.




Promoted 1st Lt., March 1862; Capt. March 1863. Recd. stomach contusion at Gettysburg. Medical discharge on Sept. 30, 1863 for intermittent fever and chronic ankle ulcer. Appointed to Invalid Corps. Resided in Worcester, Mass., 1863.
1st Sgt.
Transferred to Co. K as 2d Lt. on Aug. 1, 1861; resigned Oct. 7, 1861 due to "family difficulties."
Roy Alexander 2nd Sgt. 34
Woodbury Eduardo 3rd Sgt. 21
Moreno Jose Maria 4th Sgt. 26 Deserted from the hospital in Alexandria, Va., July 12, 1861.
Dominguez Ricardo 5th Sgt. 22 Deserted August 9, 1861
Fretus Jose Melo 1st Cpl. 30 Granada, Nicaragua sailor Promoted Sgt. June 5, 1862; POW Harper's Ferry, Sept. 15, 1862; re-enlisted as veteran volunteer with $100 bounty on Dec. 30, 1863; deserted from furlough April 18, 1864.
Vallestero Francisco 2nd Cpl. 31 Transferred Nov. 15, 1861, to Co. C. No further record after Jan. 1862.
Calvo Alejandro 3rd Cpl. 26 Havana, Cuba Disability discharge for hydrocele on July 23, 1862, at Winchester, VA
Argumosa Juan 4th Cpl. 21 Deserted July 10, 1861 at Washington, DC
Neto Eulogio 5th Cpl. 22 Spain printer Arrived in N.Y.C. from Havana on May 19, 1859. Deserted Nov. 24, 1861
Madrid Juan 6th Cpl. 26 Deserted Aug. 8, 1861.
Gutierrez Francisco 7th Cpl. 27 Not on muster rolls after Dec. 31, 1861.
Dominguez Antonio 8th Cpl. 21 Deserted Nov. 18, 1861
Jacky Michael Musician 29
Cazenave Henry Musician 19
Gates William Wagoner 23
Havana, Cuba
Transferred to Co. C. Sick in hospital at Annapolis on Sept. 21, 1862. Transferred to Invalid Corps on June 25, 1863. 
2 Alfonso Manuel Private 32 Discharged for blindness in left eye while in service, May 12, 1862, at Hunter's Chapel, Va.
3 Amaro Manuel Private 25
4 Arellano Jose Private 23 Santiago, Chile sailor POW Harper's Ferry, Sept. 15, 1862; Mustered out in N.Y.C. on June 24, 1864
5 Banos Tomas Private 26
cigar maker
Transferred to Co. C; POW Rapidan, Va. Dec. 2, 1863; confined in Richmond, paroled City Point, Va., March 21, 1864. Mustered out in N.Y.C. June 24, 1864. 
7 Biera Joaquin Private 27
8 Castillo Francisco Private 24 Havana, Cuba cigar maker Disability discharge on Sept. 30, 1861, at Rock Hills, Va.
9 Ceballos Mauricio Private 21 Colored man, company cook, discharged Sept. 18,1863 by order of Sec. of War.
St. Andrea, Spain
POW Harper's Ferry, Sept. 15, 1862; wounded at Bristol Station, Va., Oct. 14, 1863; mustered out in N.Y.C. on June 1, 1864
11 de los Santos Manuel Private 28 POW & paroled at Harper's Ferry, Sept. 15, 1862; transferred to Co. C; mustered out in N.Y.C. June 24, 1864.
12 Dempsey James Private 18
13 Doody James Private 20








Aka Juan Loarte. Company cook, Jan.-March 1863; "This man is a Negro illegally enlisted in 1861," March 1863; Transferred to Co. C, on detached service Hdqtrs. 3d Brig, Aug. 1863; "Colored man discharged by order of the Secretary of War," Sept. 18, 1863, mustered out at camp near Elk Run, Va., War Dept. A.P.O. Aug. 14, 1863. 
15 Feliz Esteban Private 35 Remained sick in N.Y.C. hospital; on company rolls until Sept. 3, 1861. 
16 Fernandez-Pasos Andres Private 19 Deserted Aug. 11, 1861. 
Gunshot wound right leg at Cross Keys, Va., June 8, 1862; paroled at City Point, Va., Aug. 3, 1862. Disability discharge Jan. 28, 1863, for necrosis of tibia.
18 Ferregus Ramon Private 25
19 Ferris Carlos Private 33 Deserted Aug. 10, 1861.








Malaga, Spain




Bugler; sick at Petersburg hospital, May 1862; detached as cook to hospital in Clarysville, Md., June 15, 1862; detached as bugler 3d Brigade Hdqtrs July-Sept. 1863; detached ambulance corps, Jan. 1864; mustered out Feb. 21, 1864, Stevensburg, Va.; reenlisted in Co. C on Feb. 22, 1864, as a veteran volunteer with $100 bounty for two year term; deserted April 11, 1864, from 35-day furlough.
21 Fortunes Antonio Private 30
22 Garcia Antonio Private 33 Not on muster rolls after Jan. 1862.
23 Gomez Jacinto Private 25 Not on muster rolls after Dec. 31, 1861.
24 Gonzales Juan Private 27
25 Gutierrez Antonio Private 20 Deserted Nov. 18, 1861.
26 Gutierrez Manuel Private 28 Deserted Sept. 10, 1862.










POW Harper's Ferry, Sept. 15, 1862; wounded at Gettysburg, July 2, 1863; wounded on right leg, Spottsylvania C.H. and POW May 10, 1864; sent to camp parole, Sept. 20, 1864; mustered out in N.Y.C. Nov. 22, 1864.
28 Hartley William Private 19
29 Hofmann Gaspar Private 35
30 Hogner Juan Private 23
31 Hunzinger Jacob Private 44
32 Jacome Manuel Private 33 At hospital in Washington, D.C., June 1861; deserted Sept. 5, 1862. 
33 Jorge Joaquin Private 21
34 Jose Francisco Private 23 Promoted to Cpl. Aug. 15, 1861; no record of discharge.
35 Koster Daniel Private 31 Transfered June 30, 1861 to Company K. Deserted March 28, 1863.
36 Lewson Joseph Private 17
37 Lionerd Jorge Private 21
38 Loarte Juan Private 25 Transferred to Co. C
39 McCott William Private 27
40 Mack Thomas Private 21
41 Manning Thomas Private 19
Malaga, Spain
Detached to Ambulance Corps at Union Mills, Va., Jan. 1863; mustered out in N.Y.C. on June 24, 1864.
43 Metanten Leon Private 35








Admitted to regimental Union Hotel Hospital, Winchester, Va., July 15, 1862, wounded in thigh; died in hospital of wound July 31, 1862. Interred Winchester National Cemetery, Winchester, Va. Section 16, Site 554. 








POW Harper's Ferry, Sept. 15, 1862; promoted Cpl. July 2, 1863; POW while on picket duty, Dec. 1, 1863; rejoined Co. May 26, 1864; wounded on picket duty at Cold Harbor May 31, 1864; mustered out in N.Y.C. June 24, 1864.
46 Nones Joaquin Private 28
47 Noya Francisco Private Deserted before the regiment left from N.Y.C. for Washington, D.C., May 28, 1861.
48 Oliver Miguel Private 23
Candalaria, Grenada sailor
POW Harper's Ferry, Sept. 15, 1862; served as Co. cook and Co. clerk; wounded at Wilderness battle, May 6, 1864, supposed dead. 
50 Pereira Manuel Ignacio Private 21
51 Piro Cristobal Private 22 Corronay, Spain sailor Disability discharge June 29, 1861, for malformation and chronic rheumatism.
Asturias, Spain
POW Harper's Ferry, Sept. 15, 1862; hospitalized with fever Washington, D.C., Aug-Oct. 1863; mustered out in N.Y.C. June 24, 1864 
At hospital in Philadelphia, June 6, 1861; transferred to Co. C; deserted at Baltimore Sept. 25, 1862.
54 Schmidt Frank Private 28
55 Silva-Mayo Antonio Private 40
56 Souza Eugenio Maria Private 45 Listed as having deserted or died on Sept. 26, 1862 
57 Suarez Celestino Private 25
58 Tomsen John Private 18
59 Tonen Jose Private 22 Bayonne, Spain merchant Mustered out in N.Y.C. on June 24, 1864. 
60 Torrens Juan Jose Private 22 No further record after Dec. 31, 1861. Discharge furnished in May 1876, dated Jan. 1, 1862. 
61 Torre Pedro Private 22 Transferred Oct. 15, 1861 to Company C. Deserted at Baltimore on Sept. 25, 1862. 
62 Valdes Jose Private 25
Alejandro C.
Madrid, Spain
Arrived in N.Y. 1857. Discharged June 19, 1861 for physical debility and rheumatism. Remained in Washington, D.C. permanently.
Died of pulmonary tuberculosis on July 8, 1861 in Union Hotel General Hospital, Georgetown, D.C.