Lee, who was personally commanding Hill’s troops (he had at first refused to order them into battle, then changed his mind and sent them forward), decided at the time to accept what had been accomplished that afternoon. He did not instruct Ewell to mount a charge against Cemetery Hill. He allowed Perrin to return to Seminary Ridge. Had Lee wanted to deny the enemy the heights, he could have sent Maj. Gen. Richard Anderson’s division — just now arriving and ready to fight — ahead to Cemetery Hill. Instead, Lee told Anderson to prepare to camp for the night.

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When he wrote his report, Hill recalled Lee’s words, ‘Prudence led me to be content with what had been gained [in the fight], and not push forward troops [who were] exhausted and necessarily disordered … to encounter fresh troops from the enemy.’

Lee’s actions were sensible. He had just fought and won a punishing battle, during which he had committed every man available. Lieutenant General James Longstreet and his I Corps were approaching with reinforcements, but they were not expected to arrive before sunset. If Lee was to continue the fray, he would have to do so with the troops at hand, most of whom had spent all day in battle.

At the same time, the entire Union Army was known to be rushing toward Gettysburg, and the lead elements had already arrived and offered battle. Were Meade’s other corps about to come into line? Lee did not know, but since more Federal infantry were apt to appear at any moment, he could not gamble on sending weary troops against Cemetery Hill, which was likely to be defended by fresh enemy troops.

Ewell’s forces were in just as bad shape as Hill’s. Rodes had sent all five of his brigades into the battle, but only two, Doles’ and Ramseur’s, were at the front and in position to continue the fighting. O’Neal had lost almost 25 percent of his force, and most of his survivors (except the few who had joined Ramseur’s charge) remained on Oak Hill. Daniel, too, had taken huge losses; almost 35 percent of his troops had fallen in battle. Iverson had suffered the most. His casualties exceeded 900 men, 60 percent of his brigade, and the remnants lay exhausted atop Oak Hill. And even though both Doles and Ramseur were ready for more action, their numbers, too, were diminished. They had entered into battle with 2,600 effectives; only about 2,000 remained.

Only one of Early’s four brigades was still positioned for action. Avery’s 2,000 men had advanced to the base of Cemetery Hill, where they were still attracting the enemy’s attention. ‘We were subject to galling fire,’ remembered Lieutenant Warren Jackson. ‘I spent about two hours as miserably as I ever did in my life.’

Early’s other brigades were unavailable for Ewell to send into action. William Smith’s men were posted east of the village, on the York Pike, guarding the corps’ flank; Gordon’s troops were north of Gettysburg, awaiting a resupply of ammunition; and Hays’ soldiers were in the town, encumbered with 3,000 Union prisoners.

Ewell had no thought of continuing the battle, but his rationale for holding in place was not based on having fewer than 4,000 men available for action. He was more concerned over having disobeyed his orders. ‘General Lee … instructed me not to bring on a general engagement,’ he replied to the subordinates who urged an assault against Cemetery Hill. ‘I will wait for those orders.’

While Ewell’s reasons for not challenging the Federals crowded on Cemetery Hill were perhaps wrong, was he right in not mounting an assault against the slope? Experts who have studied Gettysburg say yes. They base their analysis not only on the impotence of the Confederate forces but also on the strength of the Union forces.

When the Federal lines collapsed north and west of Gettysburg, the Union troops drew back to Cemetery Hill, the designated haven in case of defeat. Colonel Orland Smith’s 2,000-man brigade, supported by a battery of six guns, was atop the knoll, eager to greet any oncoming Rebels. As the fleeing Federals climbed the slopes, their officers guided them into imposing defensive positions. Gamble’s 1,500 troopers were sent south, in front of and along Cemetery Ridge, where they guarded the left flank from Confederate assault. Most of the I Corps fell in atop Cemetery Ridge behind the cavalry; Wadsworth’s division rushed to Culp’s Hill to protect the right flank; and Howard’s corps augmented Smith’s men on Cemetery Hill. A total of about 12,000 Union soldiers were ready to defend the heights.

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