When the secession ordinance was passed, he was appointed commissioner to Kentucky by Governor Moore and delivered an able address before the legislation at Frankfort. That same year, he was elected to represent his district in the provisional congress of the Confederacy. While holding that position, he was chosen as a lieutenant colonel of the 11th Alabama Infantry Regiment, and repaired with it to Virginia. He remained with that command until after the battle of Seven Pines, when he was temporarily assigned to the Ninth Alabama regiment and led it into battle. The fall of Col. Moore obliged him to return to the Eleventh regiment, which he led at the
Battle of Gaines' Mill, sometimes known as the First Battle of Cold Harbor or the Battle of Chickahominy River on June 27, 1862, in Hanover County, Virginia. This was the third of the Seven Days Battles (Peninsula Campaign, March–July 1862). Original documentation of the battle, at the National Archives, Washington DC, states "S.F. Hale, Lt. Col 11th Ala. Regt. Appears on a Report of casualties, of the 4th Brigade, Longstreet's Division, in the action at Gaines' Mill, Va., June 27, 1862, Remarks: Dangerously wounded". ==Death==