On March 26, 1865 Foote was commissioned (1st Lt.) into Company G of the 121st New York Volunteer Infantry.  He was transferred to Company I, NY 65th Infantry on June 24, 1865.  While he was with the 12st NY, he saw action at the Battle of Sailor’s (Saylor’s) Creek, VA, April 6, 1865.  He was breveted Captain for meritorious service performed that day.