(c. 1824 - 1869)
Home State: Virginia
Command Billet: Commanding Regiment
Branch of Service: Infantry
Unit: 7th Virginia Infantry
Before Sharpsburg
On 13 May 1861, then a 37 year old clerk, he enlisted at Culpeper Courthouse, VA as First Sergeant of Company C, 7th Virginia Infantry. He was Junior 2nd Lieutenant by December 1861 and was promoted to Captain on 26 April 1862. He was wounded in action at Williamsburg, VA on 5 May 1862 and "in arrest," charge not given, in June 1862. On 30 August all three of his regiment's field officers - Colonel, Lieutenant Colonel, and Major - were wounded in action at 2nd Manassas, and Captain Ashby, senior officer remaining, took command of the regiment.
On the Campaign
Major Herbert of the 17th Virginia commanded the regiment in Maryland at Brig. Gen. Kemper's direction, due to the lack of field officers present with the 7th Virginia, but Herbert returned to command the 17th Virginia after their Colonel Corse was wounded and captured on 17 September 1862 at Sharpsburg. Captain Ashby then again led the 7th Regiment as senior officer, with as few as 117 men present. Sometime after noon that day ...
the 7th Virginia under Captain Phil S. Ashby was detached and hurried to the right, taking position in front of the old road leading from Sharpsburg to Harper's Ferry, between the position held by the 1st, 11th and 17th Virginia regiments of the brigade, and that held by the 24th regiment. Upon the advance of the enemy we dropped back into the old road referred to. Captain Ashby had been a soldier in our war with Mexico, was a brave man, and when he had placed the regiment in the road, seeing the advance of the enemy he drew his sword, saying: "Men, we are to hold this position at all hazards. Not a man leave his place. If need be, we will die together here in this road." Putting our muskets through the board fence, and with ringers on the triggers, we awaited the enemy's approach through a strip of corn, some forty yards away.*
*The headlong rush of Archer's brigade across the front of the 7th Virginia regiment prevented its firing into the enemy.
The rest of the War
He was under arrest beginning 3 November 1862, and absent without leave as of Christmas Day. He was dropped from the rolls "in disgrace" on 25 February 1863.
References & notes
His service from Riggs1 and his Compiled Service Records,2 online from fold3. The command arrangement in Maryland from Carman (Clemens note).3 Riggs has his Mexican War service, but he's not found in the Index to the Compiled Service Records of Volunteer Soldiers Who Served During the Mexican War; it may come from Pvt. Johnston,4 also source of the count of men in the regiment at Sharpsburg and the quote above. Personal details from family genealogists, at least one of whom has his birth in 1820.
Birth
c. 1824; Culpeper County, VA
Death
1869
1 Riggs, David F., 7th Virginia Infantry, Lynchburg (Va): H. E. Howard, Inc., 1982 [AotW citation 9711]
2 US War Department, Compiled Service Records of Confederate Soldiers, Record Group No. 109 (War Department Collection of Confederate Records), Washington DC: US National Archives and Records Administration (NARA), 1903-1927 [AotW citation 30400]
3 Dr. Clemens note citing a 3 August 1899 letter fron Herbert to Gen. Carman.
Carman, Ezra Ayers, and Dr. Thomas G. Clemens, editor, The Maryland Campaign of September 1862, 3 volumes, El Dorado Hills (CA): Savas Beatie, 2010-17, Vol. 2, p. 549, Note 88 [AotW citation 30398]
4 Johnston, David Emmons, The Story of a Confederate Boy in the Civil War, Portland (OR): Glass & Prudhomme Company, 1914, p. 150 [AotW citation 30401]