1884. CONGRESSIONAL RECORD-SENATE. 1823

PETITIONS, ETC. SENATE. The following petitions and papers were laid on the Clerk's desk, THURSDAY, under the rule, and referred as follows: March 13, 1884. By M:r. BLANCHARD: Memorial of the Louisiana Educational So-· Prayer by the Chaplain, Rev. E. D. HUNTLEY, D. D. ciety, for national aid to the cause of education-to the Committee on The Journal of yesterday's proceedings was read and approved. Education. By Mr. J. H. BREWER: Petition for a harbor of refuge at Atlantic EXECUTIVE COMMUNICATION. City, N. J.-to the Committee on Rivers and Harbors. The PRESIDENT pro tempo-re laid before the Senate a communication By Mr. CALDWELL: Petition of workmen of Nashville, Tenn., rela­ from the Attorney-General, transmitting, in response to a resolution of tive to the Chinese restriction act-to the Committee on·Foreign Af­ the 25th ultimo, information in regard to the failure of the Central and fairs. Union Pacific Raihoad Companies to comply with the requirements of By Mr. CALKINS: Resolutions of Nelson Post, No.6~, Grand Army the act of May 7, 1878, and the steps taken by him relative thereto· of the Republic, Department of Indiana, asking for equalization of which, with the accompanying papers, was referred to the Committe~ bounties, &c. -to the Select Committee on Payment of Pensions, on the Judiciary, and ordered to be printed. Bounty, and Back Pay. PETITIONS AND 1\fEMORIALS. Also, petition of citizens of Winchester, relative to education in Alaslur-to the Committee on Education. The PRESIDENT pro tempore presented a petition of the Chamber of By 1.Ir. S. S. COX: Petition of 110 depositors in the Freedman's Commerce of the city of Tacoma, on Puget Sound in Washington Bank-to the same committee. ~~rritory, praying that the propo ition before Congrek to declare a for­ By W. W. CULBERTSON: Petition of citizens of Concord, Lewis feiture of the C~'lde land grant to theNorthern Pacific Railroad Com­ County,. Kentucky, asking for an appropriation w build breakwaters at pany in aid of the construction of the Cascade division ofits main line Ripraps-to the Committee on Rivers and Harbors. be non-concurred in; which was referred to the Committee on Public By Mr. EVERHART: Petition and protest of proprietors and em­ Lands. ployes of J. M. Sharpless-& Co., Chester, Pa., against any reduction or Mr. CONGER presented the petition of William Greenonah and 86 agitation of the question of reduction of tariff duties-to the Committee other c.itizens of Sault Ste. Marie, ~.fich., in favor of granting to the on Ways and Means. Cathohc church of that place the str1p of land lying between their lati­ By lli. HANCOCK: Memorial of John A. Green and others, request­ itude, 97°, and the Saint Mary's River in case of the sale of the Fort ing an increase of salary of the United States district judges of Texas­ Brady military reservation; which was referred to the Committee on to the Committee on the Judiciary. Military .Affairs. By Mr. HART: Resolutions of Moons Scroufe Post, Grand Army of He also presented the petition of George Johnson, of Detroit Mich. the Republic, MountOrab, Ohio, for increase of pension-to the Select .praying compensatio~ for wrongs, injuries, and losses suffered 'by hi~ Committee on Payment of Pensions, Bounty, and Back Pay. ~ cons~uence of the illegal a,nd ~ongful action of the military author­ By Mr. D. B. HENDERSON: Petitions from members of the bar of Ities dunng the war of the rebellion; which was referred to the Com­ Scott County, Iowa, asking an increase of pay of United States district mittee on Military .Affairs. judges-to the Committee on the Judiciary. JI.Ir. COCKRELL presentedana:ffidavitto accompany the bill (S. 948) By1.Ir.HOBLITZELL: Papersrelatingtothe claimofW. P. Wood­ granting a pension to Emma A. Porch; which was referred to the Com­ to the Committee on Appropriations. mittee on Pensions. By Mr. KING: Petition of the bar of Monroe, La., for increase of Mr. DOLPH. I present a memorial of the Chamber of Commerce of salaries of Federal circuit and district judges-to the Committee on the the city of Tacoma, Wash., remonstrating against the forfeiture of the Judiciary. Cascade land grant to the Northern Pacific Railroad Company. I ask Also, bill making an appropriation of $20,000 for the improvement that it be read. of the Tensas River, in the State of Louisiana-to the Committee on The PRESIDENT pro tempore. The Chair will state to the Senator Rivers and Harbors. from Oregon that a memorial from the same chamber of commerce was Also, bill making an appropriation of $20,000 for the improvement sent to the Chair, which the Chair laid before the Senate and had re­ of the Boeuf1liver, in the State of Louisiana-to the same committee. ferred to the Committee on Public Lands. Also, bill appropriating $26,000 for the improvement of the Bayou lli. DOLPH. I was not in when the Chair presented it. If the memorial presented by the Chair was not read I ask that this be read Bartholomew, in the State of Louisiana-to the same committee. 1 Also, bill making an appropriation of $100,000 for the improvement so that it may go into the RECORD. of the Ouachita River, in the States of Louisiana and Arkansas-to the . The PRESIDENT p1·o tempore. The Senator from Oregon asks unan­ same committee. llllous consent that the memorial presented by him be read. Is there Also, bill making an appropriation of $200,000 for the improvement objection? The Chair hears no objection. of the mouth of Red River, Louisiana-to the same committee. The memorial was read, and referred to the Committee on Public By Mr. LACEY: Memorial of Henry Willis, of Battle Creek Mich. Lands, as follows: in favor of legislation obliging railroad companies to use unif~rm and Memorial to Congre s against the forfeiture of the Cascade land grant. safe car-couplers-to the Committee on Railways and Canals. To the Senate and House of Representatives Also, memorial of Henry Willis, of Battle Creek, Mich., in favor of of tlte United States of America in Congress assembled: Your memorialist, the Chamber of Commerce of the city of Tacoma on Puget H. R. 4991, providing for survey of ship-canal from Lake ltfichigan to Sound, in Washington Territory, begs leave respectfully to repre e~t to your the Detroit River-to the same committee. honorable bodies : By 1iir. UcADOO: Petition of 1\Iatthew W. Berriman-to the Com­ 1. ~hat the Northetn Pac~c Railroad Company was chartered to build a line mittee on Military .Affairs. of railroad from L~ke Supenor to Puget Sound; that it has built said line from Duluth to Wallula, m th~ easternpa:t:tof Washingt.on Territory, from which place By lli. McKINLEY: Resolution of the Knights of Labor of Canton wes~ard to Por~land, m Oregon, Its passengers and freight for all portions of Ohio, relative to the Chinese restriction act-to the Committee o~ W~hmgton Te.r:nt.ory: we t of the Cascade Mountains are transported over the Foreign .Affairs. ra.Il.roa~ an~ nver lines of another company ; that in continuation of its mam line dir~ct t.o Puget Sound across the Cascade Mountains it has built By Jl.¥. PARKER: Petition of members of the Grand Army of the twenty-five miles of road westward from Ainsworth, near said Wallula which Republic posts of Franklin County, New York, in favor of more lib­ road ha~ b~en accepted by the ~resident. of the United States, and still ~ries on such bwlding westward; that 1t has bmlt one hundred and fifty miles of road eral pension laws-to the Select Committee on Payment of Pensions, from PorUand to Tacoma, its western terminus; that from Tacoma. eastward it Bounty, and Back Pay. has built thirty miles of its direct line across the Cascade Mountains making in By Mr. PETERS: The petition of Farragut Post, No. 37, Grand all fifty-five miles of its Cascade division already built· that aboutt~o hundred miles of said Cascade division yet remain to be built, a~d that until the same be Army of the Republic, Burrton, Kans., for the passage of bill pension­ bui!t theNorthern Pacific Railroad will not have been completed from Lake Su­ ing ex-prisoners-to the Committee on Invalid Pensions. penor to Puget Sound. By Mr. .J. H. ROGERS: Papers relating to the claim of Pryor N. 2. That the distance from Ainsworth, where said Cascade division connects with the main line\ to t!J.e P~get Sound termin us of ~he road by the present route Lea-to the Committee on Claims. down the Columbia .River 1s over one hundred miles longer than the distance By Mr. W. F. ROGERS: Petition of workingmen of the city of Buf­ between the same pomts by the uncompleted Cascade division. falo, N.Y., relative to the Chinese restriction act-to the Committee .3 .. ~hat the country thr~m~h ~h~ch the unccolonel of the First referred. Delaware Regiment. I move that the bill and petition be referred to Mr. CONGER. The memorial itself refers to the use of the metric the Committee on Pensions. system in our river and harbor surveys by name, and refers to a great The motion was agreed to. many matters connected with navigation and the improvements of river:s Mr. WALKER introduced a bill (S. 1835) for the relief of L. A. Mor­ as well as to a great many other subjects. In the other House a similar ris; which was read twice by its title, and referred to the Committee paper was referred to the Committee on Coinage, Weights, and Meas­ on the Judiciary. ures. I think the memorial should go to the Committee on Commerce. Mr. PLUMB introduced a bill (S. 1836) granting a pension tQ Sarah Mr. MORRILL. I will merely say that the question has always Hague; which was read twice by its title, and referred to the Commit­ heretofore been considered by the Committee on Finance. I have no tee on Pensions. sort of objection to its going te any other committee, but matters in re­ l\Ir. PIKE introduced a bill (S. 1837) for the relief.of George P. lation to the metric system as to coinage have always been referred to Howe; which was read twice by its title, and referred to the Commit- the Committee on Finance. I hardly think it would be wise to divide tee on Pensions. . the jurisdiction of this question. . 1\Ir. PENDLETON (by request) introduced a bill (8.1838) for the The PRESIDENT pro temp01·e. The Chair understood the Senator erection of a public building at Akron, Ohio; which was read twice by from Wisconsin to withdraw his suggestion to refer the memorial to its title, and, with the accompanying papers, referred to the Committee the Committee on Commerce. on Public BuildingS and Grounds. Mr. SAWYER. I said at first that I did not care particularly, but 1\Ir. PLUMB introduced a joint resolution (S. R. 75) making an ap­ I am inclined to think tbe Committee on Commerce is the proper com­ propriation to eradicate the foot-and-mouth disease; which was read the mittee to take charge of the memorial. first time at length, as follows: The PRESIDENT pro tempore. The question is on the motion of the Be it resolved. &:c., That the sum of $25,000, or so much thereof as is necessary, Senator from Wisconsin that the memorial be referred to the Com­ be, and hereby is, appropriated, to be used under the direction of the Commis­ sioner of Agriculture and in co-operation with the proper authorities of the State mittee on Commerce. of Kansas, in eradicating a contagious disease popularly known as the foot-and­ The motion was agreed to. mouth disease, now prevailing to an alarming extent among the cattle of that State; the expenditure of, the above sum, or any I>a.rt thereof, to be limited to REPORTS OF OOMMITTEES. the emergency now existing, and full report of such expenditure and the result thereof t{) be made to Congress by the Commissioner of Agriculture at the Mr. VEST, from the Committee on Commerce, to whom wa.s referred earliest practicable date. the bill (S. 907} to authorize the construction of a bridge over the l\fis­ souri River at or near Sibley, in the State of l\fissouri, reported it with The joint resolution was read the second time by its title, and re­ amendments. ferred to the Committee on Agricnltme and Forestry. Mr. MORRILL, from the Committee on Finance, submitted a report FORT WALLACE RESERVATION. to accompany the bill (S. 1153) authorizing the Secretary of the TI·eas­ Mr. VANWYCK submitted the following resolution; which was con­ ury to deliver to the rightful owners the contents of certain boxes de­ sidered by unanimous consent, and agreed to: posited in the Treasury Department by the Secretary of War, heretofore Resolved, That the Secretary of the Interior inform the Senate whether any Teported from thamommittee. and what railroad corporation is attempting to obtain a. portion of the Fort 1884 .. CONGRESSIONAL RECORD-SENATE. 1825

'Vallace reservation, and that he furnish copies of correspondence alleging rea­ 1\Ir. l'tiiLLER, of New York. In answer to the questionofthe Sen­ sons for the same. ator from Delaware I will state that I understand the bill, with the pro­ CHEROKEE INDIAN ROLL. posed amendments, has been printed, and while it is not yet upon our Mr. PLUMB submitted the following resolution; which was consid­ tables, it is probably in the Capitol building at this time, or at all events ered, by unanimous consent, and agreed to: it is on the way here from the office of the Public Printer. But my Resolved, That the Secretary of the Interior be directed to transmit to the Sen­ motion did not indicate that I proposed to call up that bill. I moved ate the roll of the Cherokee· Indians east of the l\Iississippi River, made in ao­ to lay upon the table the motion of the Senator from New Jersey to f Commissioners of Alabama Claims and for the distribution of the not subject to a motion to lay that motion on the table. That has unappropriated moneys of the Geneva award, approved June 5, 1882. always been the practice of the Senate and the decisions of its previous Mr. HARRIS. That seems to be an adverse report. Letitgoover. presiding officers during many years. The PRESIDENT pro tempore. Objection being made, it goes over. Mr. MILLER, of New York. The decision of the Chair leaves the matter where my withdrawal would have left it, to proceed to vote on CATTLE DISEASE. the motion of the Senator from New Jersey. Mr. PLUMB. I ask unanimous consent to make a report from a Mr. CONGER. Asihavesaid before, I shall be willing to postpone or. household words," have spoken and written upon the theme until it The PRESIDENT pro tempore. The joint resolution is objected to seems almost worn threadbare. He who would glean in a field wherein .and will be placed on the Calendar. such expert harvesters have worked their sickles of research and reason Mr. PLUMB. I give notice that I shall to-morrow move to take it must needs be content with slender poil. up and consider it. After the notice that was filed yesterday by the It is not at all surprising that the interest of those who are to >ote Senator from Texas [ Ir. CoKE] and the manifest disposition to debate for or against this bill should remain tmabated, nor is it astonishing the pleuro-pneumonia bill I feel quite sure that the emergency which that the general public should continue to be interested in the subject­ is now upon the people of Kansas and the whole Western country with matter. Since midsummer of 1862 this contest has continued. From reference to this most important interest will not be met by waiting for the high noon of civil strife down through the eventful time to this the passage of the House bill. peaceful eventide of national repo e, through war and through peace, The PRESIDENT pro tempore. The Chair is obliged to state to the this claimant has urged that he has been most unjustly dealt with, .Senator from Kansas that debate is not in order. and prayed for vindication. If an individual, however humble, was Mr. PLU.MB. Is it in order to move to take up the joint resolution? to be seen in midchannel battling bravely with combating waves in a The PRESIDENT pro tempore. It is not in order. It was reported veritable "struggle for life," with wha.t deeply felt interest would the this day, and objection is made to its conside_:ation. bystanders watch his efforts, their feeling intensified perhaps by the fact that they were powerless to help. Here, in the face of the world, FITZ-JOHN PORTER. for nearly a quarter of a century has progressed a contest where the Mr. SEWELL. I move to lay aside the Calendar for the purpose of stake was dearer than life-a trnggle to vindicate impeached honor, to taking up the bill (H. R. 1015) for the relief of Fitz-John Porter. clear smirched loyalty, to brighten tarnished reputation. What wonder The PRESIDENT pro tempore. The question is on agreeing to the is it, then, that the interest continues and that even the fledgelings of motion of the Senator from New Jersey [M:r. SEWELL]. the Senate should desire to record the reasons that prompt their >otes Mr. MILLER, of New York. Yesterday the public business was for or against this bill? · laid aside for the consideration of this bill, and now it seems to be the Let the conclusion of the observer of this contest be what it may he disposition of those pressing it to lay aside what we call the Private can not but be struck with the persistency of this claimant for relief. Calendar, or the unobjected cases. I feel bound to do what I can to His motto seems to have been, "Hope against hope, and ask till ye re­ prevent the bill from displaAbraham Lincoln-reviewed the action of the court. of the offenses heretofore charged has been fully established. If this be The Congress of the United States created this judicial system under so, why stop with the inadequate and paltry reparation for wrong in- the Constitution. Says Benet in his Treatise on Military Law: flicted provided for by this bill? The Constitution of the United Stat~s empowers Congress" to raise and sup­ 1\fr. President, I came to the consideration of this case in a somewh..'l>t port armies; to provide and maintain a navy," and "to make rules for the gov­ unusual manner. When elected to my seat in this honorable body I ernment and regulation of the land and naval forces." .A.s an essential part of t.hese powers it belongs exclusively to Congress to obtain or provide for courts­ confess to an almost inexcusable ignorance of the history and merits of martial and define their jurisdiction; to make their sentences final and conclu­ the Fitz-J ohn Porter case. During those gloomy days in the country's sive or subject to a reviewing authority; to designate by whom they shall be history when the court-martial assembled, in the fall and winter of convened and then confirmed or disapproved, and generally to make such stat­ utory provisions concerning them as in their wisdom may be deemed proper 1862, and, with General Hunter as president, and Generals Hitchcock, and necessary. King, Prentiss, Ricketts, Casey, Garfield, and other distinguished mili­ .A. court-martial is the proper and sole tribunal for the trial of military offi­ tary leaders composing the court, proceeded, under oath and with the cers. It is a lawful tribunal, existing by the same anthority that any other court exists, and the law military is a branch of law as valid as any other, and it dif­ sanction of the Constitution and laws, to try General Porter for dis­ fers from the gel?-erallaw of the land in authority only in t-his-that it appties to obedience of the orders of his superior and for shameful neglect to bring officers a.nd soldiers of the army, but not to other members of the body-politic the troops under his command into battle, when other divisions of the and that it is limited to brea.ches of military duty. ~ Army to which he was attached were engaged, within distance where Says the Supreme Court of the United States incase of Ex parte Reed be could do great good, it was not my fortune to be where the news of (100 United States Reports, 13): the day was within reach. I was of the Army of the West, far re- The constitutionality of the acts of Congress touching Army and Navy courta-­ moved from Washington, and where, by reason of our di'3t:1nce and the martial in this country, if there could ever have been a doubt about it, is no­ fact that we had usually sufficient on hand to keep us very busy, we longer an open question in this court. It is the organism provid~d by law and , f ha · · h · f th E clothed with the duty of administering justice in this class of cases. Its judg- k:n ew b ut litt.Le 0 W twas gomg on Jn t P. ariD.les O e ast. ments when approved as required reston the same base and are surrounded by The wa1· over, being engrossed with the duties n.nd ca.res of civil life, the same considerat-ions which give conclusiveness to the judgments of other the facts pertaining to the Porter case continued unknown to me. At !~!!~bunals, including as well the lowest as the highest under the circum- last I entered upon its investigation from the standpoint of the accused. The first article presented to me and carefully read was the paper of Said Attorney-General Cushing in 1854, speaking of the reviewing General Grant, ''An undesm·ved stigma,,'' published in the North Amer- power: • ican Review; this was followed by the letters of Genemls Grant, Terry, The decisions of the President of the United States in ca e of this sort are that and others; then the defensive pamphlet of :Mr. Lord, and the report of the ultimate judge provided by the Constitution and the laws. Like that oi of the majority of the Committee on Military Affairs of the Senate. This any other court in tne last resort of the law it is final as to the subject-matter. material, followed by numerous conversa,tions with many gentlemen oj . This then the character of the court that tried Fitz-John Porter, and the Army of the United States who are warm champions of the claim- these the circumstances under which he was tried. A legally consti­ ant, aroused in me much of sympathy for him and a strong bias in his tuted tribnn::U, compo ed of his peers, "good men and true," having favor. It was as though I had listened to the testimony of the defend- jurisdiction of his person 'lnd the offense charged, upon full trial, under ant and heard the impas ioned appeals of his counsel only. all the safeguards of law, finds him guilty as charged. The highest Evidently it was my duty not to stop here. The case of the State reviewing power in the land examines the record and approves the find­ had surely been fully made out, else the conviction at the hands of the ing. It is now proposed practically to usurp judicial powers by the competent tribunal of 1862 would not have followed. I went, therefore, legislative branch of the Government and ''revise and annul'' the action to its record, and have tried calmly, dispassionately, as a juror to sift of thi court. It is a proposition that may well startle the student of all the evidence, or as a judge reviewing the testimony under the law, our form and frame of government. The dangers to flow from en­ to reach my duty in the vote to be given upon this bill. I confess to croachment by one of the co-ordinate branches of the Government upon a feeling of some disappointment when I say that my vote will be in the rights and privileges of another have been depicted by all our great the negative. I would gladly join the ranks of those who, from a de- writers upon the Constitution. The Supreme Court in numerous ad- ire to do justice as they see the course of justice, or from motives of judications has often sounded the alarm. From a case that happens to­ mercy as they see it right to be merciful, will take the stain of over be at hand I quote familiar law, but not the less important because it twenty years' duration from this appealing old man; but, under the law is familiar. Says the Supreme Court in 13 Wallwe, page 147, in the and facts as I see them, whether this proceeding be one of judicial re- case of United States vs. Klein: view or the exercise of clemency, this bill should not pass. It is of vital importance that these powers (the legisln,tive and the judicial} Not at length, l\1r. President, but in such brief words as I may, I should be keptdistinct. TheConstitution provides that the judicial power shall desire to give the reasons prompting me to this conclusion. ?r~!t~t:~~ei~ ~es~;~bTI:h~!f~ea~~~ui~;=~~rtl;:~~!;'\:~t~:~n!fr~h~!~!~ The report of the majorit;'i" of the committee a.sks for ''a revision of article provides that in ll.ll CB.ses, other than those of original jurisdiction," the­ the action of the court-martial.'' Adoptin!!: the language of the ad- Supreme Court hall h:we appellate juri diction both as to law and fact, with ...., , such exceptions and under such regulations as the Congress shall m:tke. It has. visory board, it asks that the Congress shall 'annul and set aside the already provided that the Supreme Court shall have jurisdiction of the judg- :tindings and sentence of the court-martial in the case of 1\faj. Gen. ments of the Court of Claims on appeal. Can it prescribe o. rule in conformity Fitz-John Porter and restore him to the position of which that sentence with which the court must, deny toitselfthe jurisdiction thus conferred, because- and only because its decision, in accordo.uce with settled law, mu t be adverse deprived him.'' In other words, Congress is asked to act judicially and to the Government and favorable to the suitor? This que tion seems to us to review the action of the highest tribunal having jurisdiction of the answer itself. The rule prescribed is also liable to just exception as impahing erson and offense charged. A most dangerous precedent, truly, a,nd the effect of a pardon and thus infringing the constitutional power of the Execu­ P tive. It is the intention of the Constitution that each of the great co-ordinate­ one that, if followed, will surely bring greater evils in its train than departments of the Government-the legislative, the executive, and the judi- even failure to give such vindication as the placing of Porter upon the cial-shall be in its sphere independent of the others. To the Executive alone is retired-list of the Army, with the rank and pay of colonel, were he en- intrusted tlte power of pardon, and it is granted without limit. Pardon includes. o.mnesty. It blots out the offense pardoned and removes all its penal conse- tirely innocent. quence . It may be granted on condition. * * * Now, it is clear that the What was the tribunal by which this accused was tried and found Legislature can not change the effect of a pardon any more than the Executive uilty? It has become "good form,'' ''in thesepipingtimes of peace, ' can change a law. Yet this is attempte-d by the provision under con ideration. g The court is required to receive special pardons as evidence of guilt and treat to sneer somewhat at and belittle the court-martial. Will gentlemen them as null and void. It is required to disregard pardons granted by procla- inclined to do so recall the faet that, while no jury is called to pass mation on condition, although the condition has been fulfilled, and deny them upon the guilt of the partY accused, it is the court where trial by one's ~~:~ ~ e.g':j~tr~~n~..:it~~Jin.t:riJ':irs the executive authority and direct · actual peers is more nearly approached than in any other tribunal? 0 0 The judges of the law and fact are taken from the profession, the call- I can not refrain from quoting upon this interesting subject from a ing, and, as near as may be11 are of the same station-rank-as the distinguished military writer: party accused. Under the safeguards thrown about it by the law and This distribution of powers afford another strong and almost impassable bar- military custom the action of the court must needs be calmly delibera- :TI"i~a.~~~;~~~~~~~~.:.:~ng~~:o~s~· 1~ft~l!::~w~~t~f~~: c~nnt~~:~·dt,hir, tive. would lead to oligarchy. The arrangement adopte-d harmonizes well with the The accused may be heard in his own behalf and a latitude is given theory of our institutions. It has ever been held of vital importance to separate in the production and examination of his witnesses almost unknown in as distinctly as possible the legislatjve from the executive power. the civil courts. The prosecuting attorney of the civil Jaw, keen for Mr. President, if it should come to this Senate as an original propo- 1884. CONGRESSIONAL RECORD-SENATE. 1827

sition that, after conviction had by a general court-martial and approval It would be most interesting matter for investigation to determine­ of its finding by the President of the United States, the Congress should, upon what rules we are now to determine the guilt or innocence of this· upon the record as made, or upon additional testimony, re-try the cause, convicted one. Is it to be because of error of law by the court-martial?. or that, upon conviction of heinous crime by one of the circuit courts If so, where is the assignment of error? Is it because the weight of" of the United States, Congressshould take to itselfthe rights of an ap­ testimony was in favor of the accused and not of the Government? We· pellate courl to review the record, afford a new trial, and increase the are taught by the books that a verdict or finding of fucts should not be: sentence or let the convicted prisoner go, the advocates of this bill would disturbed if there is any evidence upon which to found it; that the tria1 stand aghast. It may be that Congress has the right to do indirectly body that has bad the benefit of seeing the witnes es who testified is that which it can not do directly. It may be that under its undeniable better qualified to weigh the testimony and pa upon the truth or power to increase or decrease the Army of the United States it may re­ falsity of statements made under oath. Is it because of newly dis­ quire the Executive to issue commissions to whomsoever it pleases, but covered evidence? None has been brought before this Congress. If it for one I do not believe it. This bill trenches upon such dangerous appears anywhere is it not merely cumulative in its character, and do ground that if I believed Fitz-John Porter all that the aqvisory board not the authorities agree that a new trial should not be awarded be­ pronounce him, "a gallant soldier, unworthy of condemnation," I cause of newly discovered evidence that is merely cumulative? Will would not support it. It is not only a usurpation of judicial power, it be claimed that we should overturn the finding of the court-martial but of the pardoning and appointiYe power of the Executive. and the approval of the reviewing President because three distinguished ~Ir. President, during the last twenty years I have been engaged in gentlemen, sitting without legal authority, proceeding without refer­ the practice of law As I look back along the path of my professional ence to law or the rules of evidence, investigating sixteen years after life I seemanywrec·ks. Frequently where I have been of counselforthe the _event, have given it as their opinion that Porter should not have defendant, owing .o the ignorance of courts, the imbecility of jurors, been convicted? Appellate courts, reviewing boards do not usually act the perjury of witnesses, and I fear sometimes the incapacity of defend­ upon the unauthorized opinions of mere outsiders. ·And so we might ant's attorney, conviction has resulted. The cases have gone to the go on in wearisome speculation as to what manner of thing this is that courts of last resort under the law. The unfortunate victims of the ig­ is presented here for judicial action by a legislative body. Thanks to norance, the imbecility, the peljury, or the incapacity are confined the wisdom of the past, there is no precedent for the strange action a ked within prison walls undergoing a'' continuing sentence.'' Ifthis prece­ of this Congress. I fear greatly the effect of the one likely to be here dent is to be established, how gladly would I bring their cases to this created. These considerations would prevent me from voting for this new tribunal. Here are none of the uncomfortable barriers that hedge bill even did I believe Fitz-John Porter innocent of all that bas been in a court. Loud and persistent a everation will do here instead of charged against him. testimony. E-r; parte affidavits will do better than living witnesses. But is he so? In answering this question I do not propose to enter Declamation may take the place of legal argument. The party lash may into any lengthy review of the testimony. He was charged with dis­ be able to accomplish more than the charge of a court. A member of obedience. of orders under the ninth article of war, and misbehavior thiS Congressional bench may play the roles of witness, counsel, advo­ before the enemy under the fifty-second article of wiu. Let us glance cate, juror, judge, all at one time. Yes, if I am to correct the blun­ very hurriedly at the proof in the record sustaining these charges, and ders and repair the misfortunes of my professional career, let me come taketbem in the order they are given. with the causes of my unfortunate clients to tliis new tribunal, that On the 27th day of August, 1862, General Porter being the com­ has the power under this proposed precedent not only to construe but mander of the Fifth Corps of the Army of Virginia, commanded by to mn.ke the law, that is bound by no rules of evidence, no code of pro­ General John Pope, receivedabout9.30o'clockin the evening an order cedure, but may simply "exercise its own sweet will." commanding him to start with his corps at 1 o'clock that night on the If this legislative body is to revise the action of the Porter court­ march from Warrenton Junction, where he was then encamped, to Bris­ martial and its sentence, what if it should find him guilty as charged, toe Station, a distance of nine miles. It is admitted that he failed to and the degree of his gullt greater than found by the court ? Shall its obey the order, and claimed as matter of defense that in the discretion revision extend to the enlarging of the sentence as well? Under the that rested in him he was not only excusable but justifiable in his dis­ provisions of the Articles of War, :flowing from violation of the ninth or obedience. In the effort on the part of interested friends to exculpate the fifty-second article, there may come the penalty of death. If we this man from the charges made against him a new and mo t danger­ are to have new trial and new judgment, why not new sentence? The ous doctrine is attempted to be introduced in military law, namely, reviewing Executive evidently thought the punishment not commen­ that the inferior may deliberate upon an order received from his su­ surate with the offense. How strong the testimony against this accused perior and disobey, if in his opinion such disobedience is the part of must have been when he with the kindest heart that ever throbbed in better wisdom or superior judgment. A monstrous doctrine, subver­ human breast could say, as Abraham Lincoln said, '' I have read every sive of discipline, and one which, if carried into practice, will be fraught word in that record, and I tell you Fitz-John Porter is guilty and with dread disaster if this country should lleaain. engage in war. I sub­ ought to be shot.'' Such was his language at the time as evidenced mit that such is not the law as written by the best military writers ; by that reliable gentleman, known to many here, the former law part­ it has never been the practice where there was competent efficient ner of Lincoln, Mr. Leonard Swett., of Chicago. He writes to the chieftainship. Chicago Tribune of date February 9, 1884, as follows: Obedience, strict, prompt, unquestioning, active, whole-souled, pains­ CHICAGO, February 9. taking, willing, cheerful obedience is the highest duty of the soldier. As the question of Fitz-John Porter is now occupying public attention, a con­ Let us get .away from the glamour thrown around this case by prom­ versation I once had with .Mr. Lincoln upon the question seems pertinent. I inent advocates anxious for the restoration of Fitz-John Porter, and was standing in his room in the White House, near the foot of the long table be­ hind which he sat, he standing with me, and we talking upon some subject for­ see what the best writers say upon this subject. Says Hough, in his eign to the one he introduced when he called my attention to a large record Precedents in Military Law: (Pile of manuscript] lying near us on the table. "That," said he, • • is the record Disobedience of positive orders is highly criminal, and may arise either out of m the Fitz-John Porter ca e." The trial had then just closed, and the record of the the refusal of the officer or soldier to act as ordered, or refusing to march whither evidence taken in it was, as I understood, before him for action. "You know,'' ordered, or disobeying order given on service relative to an attack upon the said he, "if I know anything, it is what evidence tends to prove and when a enemy. Whether the orders of the superior enjoin an active or a passi,·e con­ thing is proven. I have read every word in that record, and I tell you Fitz-John duct, the officer or soldier subject to them is equally obliged to obey; otherwise Porter is guilty and ought to be shot." He then added something the words of every military operation or enterprise would be made to depend not on the which I can not remember, but the substance was: "He was willing the poor prudenceorwisdomofthecommander, buton the will or caprice of the soldiery soldiers should die, while he from sheer jealousy stood within bearing of their either for the success or defeatofitsobject. Prompt, ready, unhesitating obedi­ guns waiting for Pope to be whipped." I know nothing of Fitz-Jobn Porter's ence in officers and soldiers to their superiors is o necessary to the safety of the case, but have deemed it my duty, as I happened to hear this conversation, to military state and to the success of every military operation or arrangement, make it public. that it would be highly inj uriou to the interests of the army were disobedience Yours, truly, in any case "to be left unpunished. LEO~ARD SWETT. Were corroboration of the statement of Mr. Swett needed it could And again, on page 103 of his much-valued work, he says: Obedience to command is the chief military virtue, in relation to which all . be found in the sworn testimony of Bon. Robert T. Lincoln before the others are secondary and subordinate, and disobedience is reckoned among the advisory board. He is testifYing as to the statement of his father in principal military crimes, and is justly liable to the most exemplary punish­ regard to the Porter case, made shortly before his death; and I read a ment. The object of assembling any force might be defeated if order were not strictly obeyed even to the very letter. The operation of an army in the field, short extract: in which combination and concentration of its forces are so often required, I recollect the distinct remark that he made, but at what period in the con­ might be fru trated if there should be any disobedience on the part of any offi- versation I do not now recollect. He said that the case would have justified in cer commanding a force de tined to join and act with such army. • his opinion a sentence of death. Let me depart from the quotation for a moment to can attention to Mark it.! I do not say that Fitz-John Porter deserved death. I do the statement of the Senator from New Jersey [1\Ir. SEWELL], made not believe that he was either a traitor to his country or a cow.ard. Of yesterday, that his indictment against General John Pope was that he what offense I believe him guilty, under the proof and all the proof, bowed his utter lack of ability fu concentrate his army in the presence whether taken before the court-martial or the advisory board, I will oftheenemy. Hedidlackthatability, but why? This record answers. seek to show before I get through; but w.hat I insist upon is this: if His orders to his subalterns that would lead, if obeyed, to concentration, we are to 1·evise this trial, if the matter is to be heard by this Congress were, so far as Fitz-John Porter was concerned, persistently di obeyed. exercising judicial powers, if the case is to be tried de novo, we hould Here there must be no discretion allowed; one supreme head directs the ha>e the right not only to reward, but to punish; not only to reinstate, whole of the motions of the force and of its component parts. So general is the rule ~bat _the orders en-handed justice after full trial. manded to be done are directly contrary to law. •

1828 CONGRESSIONAL RECORD-SENATE. MARCH 13,

Now let us turn to De Hart's Military Law, and on page 165 we read: leadership. He dreaded a victory that would advance him further. He Hesitancy in the execution of a military order is clearly under most circum­ did not desire defeat to our arms, but he was not anxiou to see Pope .etances a serious offense and would subject one to severe penalties; but actual win victory. Ah. the curse of this jealousy among the leaders of the eisobedience is a crime which the law has stigmatized as of the highest degree and against which denounced the extreme punishment of death, and accord­ armiei of the East. McClellan Hooker, Burnside, 1\Ieade, Pope-all ingly an offense of this nature, from the great danger which mi~ht result from fell as its victims. I thank God that the generals of the armies of the it, would be very nicely scrutinized by courts-martial ere a justification would West knew not the base feeling. Generous rivalry there was between be admitted upon the ground that there was no lawful authority for the com­ mand given. In every case in which an order is not clearly in derogation of the divisions and corp compo ing the Armies of the Tennessee and some right or obligation created by law, the commands of a superior must meet the Cumberland, but among its great leaders, McPherson, Logan, Sher­ with unhesitating and instant obedience. idan, Thomas, Grant, Sherman, there were no heart-burnings fromjeal­ So then, under the authorities I have read, there was no discretion ousy, hatred, and ill-will. [Applause in the galleries.] Iesting in the commander of the Fifth Army Corps. The command to It ic; not my purpo e to go into the testimony hearing upon the tran - march was a lawful one, issuing from an unquestioned superior-the action of the 29th of August. uffi.ce it to say that on that day a bat­ chief of the army to which he was attached. It gave the rea on for tle was fought that raged from about 9 o'clock in the morning until 9 the haste desired. It said: at night. In that battle at different times and with varying interval Start at 1 o'clock and come forward with your whole corps so as to be here every part of the army commanded by General John Pope was engaged, by daylight to-morrow morning. Hooker has bad a very severe action with the except the Fifth Corp commanded by General Porter. He was within enemy, with a loss of about three hundred killed and wounded. The enemy hearing distance of the booming of the artillery and the rattle of mu - has been driven back, but is retiring along the railroad. We must drive him from Manassas. Send word to Morell to push forward immediately. Send word ketry. He knew ''the fight was on.'' He did not participate, and his to Banks to hurry forward. It is necessary on all accounts that you should be whole action during that day evidenced a determination not to join here by daylight. in the battle with the troop under his command: Had he joined the Here was an order most explicit, filled with reasons for prompt obe­ fighting line and giv-en to the men of his gallant corps the opportunity dience, and, as I think, must strike every one as filled with something to help their fellows the great disa ter of the next day-the ill-fated else. This reiteration and urging to prompt obedience is convincing 30th of August, when he did fight and with the rest of the Army of Vir­ that the chief was fea-rful that it would not be promptly obeyed. The ginia was worsted-might have been averted. same urging to obey is found in every order issued by Pope to Porter I believe from careful examination of the testimony that, actuated during those dark days. It looks as though the chief felt some distrust by that distrust of and contempt for his commanding officer of which of the fealty of his follower, and I submit that the truth of history I have heretofore spoken, he deliberately and willfully disobeyed the shows that distrust to have had abundant foundation. Porter did not order of the morning of August 29 urlrl.ng him to march toward Gaines­ march at 1 o'clock. He did not arrive at Brist.oe at daylight. Hear­ ville. I believe it to be established that the order of 4. 30 p. m. order­ rived about 10 o'clock. But it is claimed that he could not. The ing him ''to push forward into action at once on the enemy'~:~ flank, statement is not borne out by the proof. It is said the night was dark. and if po ible on his rear," although much delayed in its delivery, There are those upon this floor who have marched infant1:ytroops when yet reached Porter in time to hav-e enabled him by vigorous effort to the nights were as '' da1;k as a pocket.'' strike a blow with telling effect. But inst,ead of giving willing, prompt, During the Atlanta campaigl). men moved for miles through the dense and unhesitating obedience he ordered two regiments to feel of the Georgia woods, without roads, when the course of the column could only enemy, and before they had opportunity so to do caused their return be tracked by the phosphorus of unburned matches rubbed upon the to the resting, passive, unaiding line of his corp . And o it was dur­ palm of the uplifted hand. It is shown that many commands, confed­ ing all those closing days of Augn t, 1 62. Neither entreaty nor order erate and Federal, did march that night. There is the positive testi­ the sight of battle in which his comrades were being worsted, nor the mony of many witnesses that it was starlight, not raining, not cloudy, sound of guns, could prompt him to help with the strong arms of his and troops marched without difficulty. The· men were tired, it is said. ten thousand gallant men the commander whom he hated. He would The head of his column went into camp at Warrenton at 10 o'clock in help to weave no laurels for Pope' inferior brow. No. Popes ·tar the morning and his command was all up before dark. It is absurd to must go down in di grace and defeat. Read the significant dispatch to say that his head of column could not have started at 1 o'clock. It Bmnside sent on the 2 th, in which this envious subaltern says: ".M:y is claimed that the road was bad. Numerous witnesses say on oath that lucky tar is always up about my birthday, the 31st, and I hope Me.' it was hard and dry. But it is suggested that it was blocked with is up also." "Me.," whose star is to be in the ascendant, is General wagons. The quartermaster in charge of the transportation swears that McClellan. This great soldier is shocked at Porters want of loyalty at 1 o'clock and from that time until daylight there were no wagons to hi chief. upon the road; that he parked them by the side of the road in the Look at this significant letter, written on September 1: forepart of the night and moved them out again about daylight. At I ask you for my sake, that of the country, and of the old Army of the Poto­ any rate, if Porter had desired to obey the order and reach Bristoe by mac that you and all friends will lend the fullest and mo t cordial co-operation daylight he could have taken his choice of roads, for the testimony is to General Pope in all the operations now going on. The <.li tre es of out· country, the honor of our a1·m are at take, and all depends now upon the cheer­ that there were two distinct roads, one on each side of the railroad, and ful co-operation of all in the field. This week is the crisis of our fate. Say the . on either one of the three roads troops could readily march. same thing to all my friends in the Army of the Potomac, and that the last re­ ~nt it is claimed by the Senator from New Jersey that Porter was que t I have to make of them is that for their country' sake they will exteud not needed, and such is the suggestion found in the report of the ad­ to General Pope the same support they ever have to me. vi80ry board; that there was no necessity for his being there by daylight. * * * * GEORGE* B. McCLELLAN, I do not propose to reply to that argument, except to make this sugges­ Major-Geneml. tion, that it would remind me somewhat of a defense that might be in­ To Major-General PORTER. ' terposed by a burglar who, when brought to trial for a burglary, should -Imagine any one writing a letter to Sherman or Sheridan or Thoma say: ''True, I broke into your house in the night season, but there was or McPherson to be true to Grant. nothing there for me to steal.'' But a few months before the day when Porter rested idly in the sha.de No! He did not care to obey. He was indifferent to the wishes of while the loud-mouthed cannon gave to him unheeded in'itation, a far his superior. He had no respect for his chief; and neglect of his desires, different scene was enacted in the W-est, and I would like to hold it np the frustration of his plans, was in accord with the real wishes of Fitz­ in contrast. The capture of Fort Donelson had opened clear pathway John Porter's heart. The criticising, captious, disgruntled letters to by water and by land to our forces, and Grant with his army, was near Burnside written on those days show it. Even the complimentary and Pittsburg Landing. The glorious victory of Thoma at l\Iill Springs, easily satisfied advio;ory board are compelled to recognize it when they the fall of Bowling Green, and the surrender of Nash,ille had cleared say in their report: "It is our duty to say that the indiscreet and un­ Uiddle Tennessee for the marching column of Buell. Along the beaten kind terms in which General Porter expressed his distrust of the capacity roads during the pleasant spring days they moved. On April 6, with ef his superior commander can not be defended." the impetuous Nelson and the gaJ.lant Crittenden in the lead, the bead Porter must have been familiar with the sixth article of wac "Any of Buell's army approached Savannah, on the Tennessee River. The day efficer who shall behave with disrespect toward his commanding officer was nearing its close and the tired men were longing for camp and rest. shall be punished." I take it he had read the language of that cel­ Suddenly the faint ound of a distant gun. Another and another in ebrated writer, O'Brien in his work on American military law: ''There quick sn~ion. The straggling lines of troop instinctively gathered is no doubt that contempt or disrespect to any superior officer is pun­ in more compact form. Without command to that effect the marching ishable. Many cases in point might be cited. It is as a general rule step quickened. The sullen boom of the artillery was more distinctly :not deemed a justification that the disrespectful expressions are truly heard as the distance lessened. The fad was apparent. Our brothers merited." He must have been familiar with the law; yet, feeling of the Army of the Tennessee were engaged. The battle was on, but distrust of the capacity of his chief, holding him in contempt, express­ miles ·away and across the deep and rapid river. A long and wearisome ing his feelings to General Burnside, and undoubtedly to others, he march had been made that day by these division . Tired and hungry was guilty of that violation of his duty that even the advisory board and likely so to remain, for there were no cooked rations in the haver­ is compelled to say '' can not be defended.'' It was so notorious that sacks and the wagons miles to the rear and not likely to come up. The even General 1\fcClellan had to beg of him to be loyal to his commander. leaders of these commands need no orders to hasten on and let the rest Yes, here is the key-note of all this unfortunate business. It explains be taken after the battle is lost or won. The "sound of the guns " i the constant delay, the ever-recurring disobedience, the failure to fight all the order needed. The "old ea-dog" Nelson, taking to water natu­ llpon. the 29th. He held Pope in" contempt. He was jealous of his rally, I uppose, lea•es the main road and leads his division over a shorter 1884. CONGRESSIONAL RECORD-SENATE. 1829 one through a swamp. Crittenden hurries on to Savannah. The waiting matter whether they were criminally guilty or not, especially when transports are loaded to the guards. The river is crossed, and Grant's they were convicted for not marching or fighting against us." gallant troops, disheartened by the lo.ng day's fight at fearful odds, I can understand the sympathy that existson that side of the .Cham­ welcomewith glad shouts and tears of JOY the leaders and men to whom ber for this man, but let me say that sympathy ought not to go to the the din of arms is an invitation and ''the sound of the guns'' an order. violation of a great principle that underlies the very structure of our The rich reward is that on the next day the battle of Shiloh is con­ Government, and the regulating of the armies of the United States, tinued and won, victory is wrested from the jaws of defeat, and the rebel their discipline and organization. retreat to the South goes on. APPLY THE EVIDENCE. The honorable Senator from New Jersey who addressed the Senate on I desire, however, to discuss this question fir t from a legal stand­ yesterday gave us several instances where subaltern officers had dis­ point, applying the evidence thereto, and then ask the question whether obeyed orders and had not been punishe~ upon trial h3;d. pid it strike any Senator in this Chamber, taking the whole case as it stands to-day, him as he read the account that all the mstances of v10lation of orders can lay his band upon his heart and con cientiously say, "I am a.cting him mentioned by were those where the alleged military offense was according to the iaw and according to the facts of the case" in voting fighting without orders? Unfortunately Fitz-John Porter was not so to restore Porter 't charged. Were it so, be would have no need to be a suppliant asking First, what is the law in reference to the obedience of orders? .A Congress to "revise and annul" the sentence of a court-martial. portion of it was read bymyfriendfrom Nebraska [l\1r.l\1.ANDERSON]~ Mr. President, I oppose this bill because of the law and the facts; be­ but I will read the law as it has been laid down in works that are r~ cause of the dangerous precedent and the bad example; because it is ceived as authority both in England and America, in fact all over the destructive of discipline and injurious to the well-doing of our Army; civilized world, for the same principles apply everywhere so far as this because I believe it to be eternally right so to do. [Applause in the question is concerned. You will find in the authority quoted by the galleries.] Senator from Nebra ka known as De Hart the arne language that he Ur. LOGAN. :Mr. President, in 1865, when war bad ceased, when read, which I quote. De Hart says this as a rule laid down in military our citizens were no longer aroused by the distant rumbling of artillery, law: when blood had ceased to flow, and the good women of our country, as Hesitancy in the execution of a military order is clearly, under most circum­ ministering angels, had ceased to smooth the brow of the wea.ry and stances, a. serious offense, and would subject one to severe penalties; but actual wounded soldier, when all breathed freely once more, we then bad rea­ disobedience is a crime whicl:i the law has stigmatized as of the highest degree, son to suppose that all things necessarily connected with the prosecu­ and against whlch is denounced the extreme puni hment of death. (De Hart, tion...of the war against rebellion would remain undisturbed, and that page 165.) all proceedings on the part of those in charge of national affairs which The same author says further : bad been conducted in accordance with the laws ud the Constitution "In every case, then, in which an order is not clearly in derogation ofsome righf; were settled forever upon principles of equity and justice. or obligation created by law, the command of a supe l'ior must meet with unhes­ itating ahd instant obeqience." So vital to the military system is this subordi­ In the prosecution of the war against treason they believed they were nation of will and action deemed, that it is secured by the most solemn of human preserving to future generations a great Government, and that all nations sanctions. Each officer and, soldier, before entering the service, swears that h«l of th~ earth might receive beneficial lessons from the course pursued ,"will observe and obey the orders of the officers appointed over him." by those who bad maintained the national unity and supremacy. We Pendergrast lays down the law relating to officers of the army. in his did not believe that the history as it was then honestly made would be revised edition in the following language: reversed, that the judgment of courts fairly, legally, and honestly The duty of military obedience to the commands of superior officers is mo Ci entered would in after years find a Congress that would set them aside fully recognized by courts of law; and it has been held that disobedience never and rewrite the history of the trial; not only rewrite it, but write admits of justification; that nothing but the physical impossibility of obeying a.n order can excuse the non-performance of it; and that when such impossibility is it down against those who preserved the Government and in fuvor of proved, the chargeofdisobediencefallstotheground. Thelearningon this sub­ those who failed at a perilous moment, that, too, at a time when all the ject is to be found in the great case of Sutton vs. Johnstone (1 Term Reports, power and the patriotism should have been combined for the purpose 548), whlch was an action by Captain Sutton, of his majesty's ship Isis, against Commodore Johnstone, for arresting and imprisoning him on charges of mis­ of producing one grand result for the benefit of mankind. conduct and disobedience to orders in the action with the French squadron under l\1. Suffrein, in Ponto Praya. Bay, in the year 1782; and there the two chief-jus­ 'l'RIED BY A LEGALLY CONSTITGTED COURT. tices {Lord 1\Iansfield and Lord Loughborough) laid down the law in the follow­ Turning back the wheel of time to 1863 we find the trial of Fitz-John ing terms: Porter by a legally constituted court for the disobedience of orders law­ "..A subordinate officer must not judge of the danger, propriety, expediency, or consequence of the order he rece1ves; he must obey; nothing can excuse him fully issued to him by his superior and commanding officer. In that but a physical impos ibility. A forlorn hope is devoted; many gallant officers trial forty-five days were consumed and many witnesses were heard. have been devoted; fleets have been saved and victories obtained by ordering The court determined the case against him and dismissed him from the particular ships upon de perate services, with almost a certainty of death or service of the United States. That court was composed of nine officers, capture." a part of whom were learned in the law, and a majority of them learned :Mr. Pendergra t, in his citation, ma~es the reservation, always under­ in military cience. That sentence was approved by the then President stood, that the order given is not manifestly and clearly illegal. of the United States. The General of the American Army (Sherman), in referring to this But, sir, what is the-scene presented to the American people to-day? principle of obedience to orders in action (24th February, 1 70), re­ It is not the trial of a.n officer for failing to perform his duty during a enunciated the rule laid down by the two eminent lord chief-justices. battle or for failing to observe an order issued by a superior officer. No, He says: ir; but it is the trial before the Congress of the United States in 1884 The stronger the force of the enemy present at the time the officer received of the court that condemned this man; it is the trial of the President the orders the greater the necessity for him and his troops to pitch in, even if who signed the verdict, it is a trial of the living and the dead who per­ roughly handled, to relieve, pro tant{), the other forces engaged. formed their duties on that occasion. That being the law, I defy anyone to show that this bas not been the PORTER APPE.A.BS AS A PROSECUTOR AGAINST THE COURT. - rule since arinies have been organized and since battles have been Talk about this being a trial of Fitz-John Porter. Sir, be has been fought. It being the law that an order mu t be obeyed unless there tried and convicted and twenty years have passed, but to-day be appears is a physical impossibility to obey, the question before the court-martial as a prosecutor before the Congressofthe United States, againstacourt wa.s, what is the statute law of the United States in reference to punish­ legally authorized, and against the martyred President of that time. It ment for disobedience of ordocs? You find that article 9 of the Articles is the trial of those who are living; it is the trial of the graves of those of War as read yesterday afternoon by my friend from Iowa (Mr. WIL­ who are dea.d with a charge that they dealt unjustly by him; that they soN] is in the following language: .Any officer or soldier who shall strike hls superior officer, or draw or lift up a. dealt with prejudice against him; that they violated the laws in their weapon, or offer any violence against him, being in the execution of his office, verdict; that they misconstrued the evidence; that they rendered an un­ on any pretense whatsoever, or shall disobey any lawful command of his supe­ just and an unjustifiable decision against him. These are the questions rior officer, shall suffer death, or such other punishment as shall, according to the nature of his offense, be inflicted upon him by the entence of a court-mar­ that we a..re called upon to-day to determine. tial. In deciding a question like this it would seem at least that it should be examined fairly, impartially, and be understood according to the The court-martial in examining the case find, first, what is the gen­ facts and the evidence on that trial, without either prejudice against eral law regulating arinies; in other words, what is the common law those who tried or prejudice in favor of the man who was tried. governing the case? In the second place, what is thestatute"'Iaw of the We find, however, on one side of the Chamber a solid vote in favor United States in reference to the obedience of orders? It ist:h.at a law­ of this bill. Without desiring to criticise the vote of any one, I hope I ful order from a superior officer must be obeyed. Its disobedience car­ may be, pardoned, however for making one remark. It is perfectly nat­ ries with it the penalty of death. ural that when tho e who engaged in rebellion against a great Govern­ THE QUESTION BEFORE THE COURT-MARTIAL. ment like this failed of success and had themselves been pardoned by What had the court-martial that tried Fitz-John Porter to examine! the Government should, without any examination ofthe evidence in the What question was before them at the time they were organir;ed for his case whatever, feel a sympathy for those who had been during the war trial? It was this: Did Fitz-John Porter receive a lawful order? No dismissed theserviceofthe Un:ted.States. Why? Because they would one has e>er questioned that proposition. If he received a lawful order naturally sympathise with them and say, '' I have been forgiven, there­ was it a physical impo ibility for him to obey that order? If it was fore I forgive everybody else for any dereliction during the war, no demonstrated that it was an impossibility for it to be obeyed, then, as 1830 CONGRESSIONAL RECOR-D-SENATE. MARCH 13,

a matter of course, they had no right to convict him. It was his duty The troops behind you at Barnett' Ford will be directed by you t-o march at once direct to this place or Weaverville, without going to Rappahannock Sta­ to show ~hat impossibility. Did he do it? Does the evidence disclose tion. Forage is hard to get, and )'OU must graze your animals as far as you can any such state of facts? If so, I ask any Senator on this floor to point do so. The enemy' cavalry has intercepted our railway communication near out to me wherein it was impossible for this order t.o have been obeyed. 1anassas, and he eem to be advancing with a heavy force along the Ianassas Gap Railroad. We will probably move to attack him to-morrow in the neigh­ A question has been suggested in the argument here that he did not borhood of Gainesville, which may bring our line farther back toward Wash­ know the necessity for obeying the order strictly. I suppose that no ington. Of this I will endeavor to notify you in time. You should get here as Senator who has read the testimony will state that as a fact. Did not early in the day to-morrow as po ible, in order to render assistance should it be needed. General Pope send him two orders prior to the 6.30 order of the 27th I am, gene ral, vet-y respectfully, your obedient servant, of.A.ugust notifying him that the enemy was in a certain position and GEO. D. RUGGLES, that he must be there as speedily as po ible? He had received two ColoneL and Chief of Staff. ~laj.Gen.F.J.PoRTER , orders prior to that giving him notice of the position of the enemy and Commanding .Fifth Army Co1ps. requiring him to move as rapidly as possible. Any discreet officer would have expected exactly what Pope did. So WHY GENERAL POPE ISSUED THE ORDER. he says to Porter, ''You must come and be here by daylight." He is­ The first proposition is to examine this case fairly, so that no one shall sued this order and demand that Porter should come by daylight. Here be deceived in reference to it, and to under tand that General Pope issued is the order: not only a proper order, but one based upon good reasons at the time. It HEADQUARTERS ARMY OF VmGINIA, ha been said that Pope managed the campaign badly; that the order Bristoe Station, .August Zl, 1862-6.30 p.m. was issued without good reasons; that there was no necessity for .this GE...'iERAL: The major-general commanding directs that you start at 1 o'clock man Porter beiug there the next morning; that the necessity disappeared to-night and come forward with your whole corps, or such part of it as is with you, so as ~o be ~ere by daylight t?-mon·ow morning. Hooker has had a very when he arrived. For the purpose of understanding properly this ques­ severe act10n w1th the enemy, with a loss of about three hundred killed and tion as we go along let us examine the reasons that prompted General wounded. The enemy has been driven back, but is retiring along the railroad. We must drive him froml\1anassas andclearthecountrybetween that place and Pope to i ue the order. You will find on page 13 of the sworn testi­ Gainesville, where IcD.owell is. If 1\lorell has not joined you, send word to him ­ mony before the court-martial this statement by Pope: to. push forward Immediately; also send word to Banks to hurry forward with all General Hooker's division had had a severe fight along the railroad, com­ speed to take your place at Warrenton Junction. It is necessary, on all accounts, mencing ome four miles west of Bristoe Station, and had succeeded in driving th~t you should be her~ by daylight. I send an officer with this dispatch, who the division of General Ewell back along the road, but without putting it to rout; will conduct you to thi place. Be sure to send word to Banks, who is on the so that at dark Ew 11 s force still confronted Hooker's division along the banks road from Fayetteville, probably in the direction of Bealeton. Say to Banks also of a small stream at Bristoe Station. Just at dark Hooker sent me word, and that he had best run back the railroad train to this side of Cedar Run. If he is General Heintzelman also reported to me, that he, Hooker, wa almost entirely not with you, write him to that effect. out of ammunition, having but five roundstoa man left,andthatifanyaction By command of Major-General Pope. took place in the morning, he would, in consequence, be without the means of GEO. D. RUGGLES, making any considerable defen e . ColoneL and Chief of Staff. . 1\faj. Gen. F. J. PORTER, Warrenton Junction. Without taking up the time of the Senate to read the evidence which P. S.-IfBanks is not at Warrenton Junction leave a regiment of infantry and has been given to the Senate time and again, I will briefly, restate the two pieces of artillery as a guard· till he comes up, with instructions to follow situation as shown by the testimony. Jackson was at Cent.reville with you immediately. If Banks is not at the junction in truct Colonel Clary to run the trains back to this ide of Cedar Run, and po t a regiment and section of hi corps; Hooker's division was at Bristoe Station engaged in a battle artillery with it. with Ewell's division; Fitz-John Porter was ten miles away that night By command of 1\lajor-General Pope. with his corps; Hooker's division was out of ammunition, there be­ GEO. D. RUGGLES ing but five cartridges to the man. Why was this order issued? Is OoloneL and Chie7 of Staff. there a man on either side of the Chamber who understands anything So it will be seen that two orders prior to that time had been issued about military operations who does not know that it is a~ part of the notifying him of the fact that the enemy was in his front and that science of war for every good general to take advantage of such a posi­ he must hurry without any delay, and yet it is said that Porter did not tion and try to strike the enemy in detail? It was perfectly natural know this. He did know it, but if he did not it is not for the subor­ for Pope to expect that his division would _be attacked at daylight next dinate officer to know, it is for the officer who i ues the order to have morning by Jackson, who was only a few miles away at Centreville, reason for issuing such an order, and if it is a lawful order it is the duty before the support would come from the rear. of the ubordinate to obey. Oh, but, says the Senator from New Jer- POPE DID INFORM PORTER OF THE NECESSITY OF A UGHT M.ARCH. ey, Porter's officers told him that there was no necessity for obPying But it is said that he (Porter) was not sufficiently advised by Pope, this order; that they could get there in the morning early enough. .A. we and did not ee the necessity of a night march. This is not true; he go along I propose to show that Fitz-John Porter did not intend to obey was notified both on the 26th of August aud on the 27th, pri{lr to the the order. He did not notify his generals commanding his divisions of 6.30 order, so that he was to be ready to move and ad quickly. To the necessity of this order being obeyed. General Sykes, who was the show thi I will merely give the two orders mentioned, which are as fol­ officer that commanded the regulars under Fitz-John Porter, in his evi­ lows. They tell their own story: dence before the court-martial testifies as follows: Q. Do you remember whether you were made acquainted with the urgent HEADQUARTERS ARMY OF VIRGINIA, language of the order- Warrenton Junction, .August 26, 1862-7 o'clock p. m. GENERAL : Please move forward with Syke 's division to-morrow morning Speaking of the 6.30 order of the 27th of August, 1862- through Fayetteville to a point two and a half mile of the town of Warrenton, stating that by all means General Porter must be at Bristoe Station by day­ and take position where you can easily move to the front, with your right rest­ ight the next morning? ing on the railroad. Call up l\Iorell to join you a speedily a po ible, leaving only small cavalry forces to watch the ford . If there are any troops below, Now mark what General Sykes says: _coming up, they hould come up rapidly, leaving only small rear guard at Rap­ A. No, sir, I think not; for I am a.tisfied that if that urgency had been made pahannock Station. You will find General Bank at Fayetteville. I append be­ known to u we would have moved at the hour pre cribed. low the po ition of our force , as also those of the enemy. I do not see how a general engagement can be po tponed more than a day or two. Showing that thi man did not even let the officers commanding his l\IcDowell, with his own corp , Sigel s, and three brigades of Reynolds's men, divisions know the urgency of his being there the next morning. Gen­ being about thirty-four thousand, are at and immediately in front of Warren­ eral Sykes had agreed with him that night to po tpone his march in ton; Reno joins him on his right and rear with eight thousand men at an.early hour to-morrow; Cox, with seven thousand men, will move forward to join obedience to that order, but when he comes to testify he say that if he him in the afternoon of to-morrow ; Banks, with six thousand men, is at Fay­ had known the urgency of that order he would have been in favor of etteville; Sturgis, about eight thousand strong, will move forward by day after obeying it and moving at the time. to-morrow; Franklin, I hope, with his corps, will by day after to-morrow night occupy the point where the Mana as Gap R.ailroad intersects the turnpike from THE URROUNDING CIRCUMSTANCES. Warrenton to \Vashington city; Heintzelman's corps will be held in reserve Nowletusexaminefor a moment another propo ition. When a. man here at Warrenton Junction until it is ascertained that the enemy has begun to eros Hedgman's River. You will understand how necessary it is for our troops is tried for an offense there is always something in connection with the to be in position as soon as po ible. The enemy's line extends from a point a circumstances surrounding the case that gives an idea to a jury or to a little east of Warrenton Sulphur Springs around to a point a few miles north of court of his intention. In order, then, to ascertain the intention of this the turnpike from Sperryville to Warrenton, with his front presented to the east, and his trains thrown around well behind him in the direction of Little man Porter, to how that he did not intend to obey the orders, I call Wa hlngton and Sperryville. Make your men cook three days' rations and the attention of Senators to the letters referred to by the Senator from keep at least two days' cooked rations constantly on hand. Hurry up Morell as Nebraska [Mr. ~lANDERS that he wrote to General Burn ide be­ rapidly as po ible, as also the troops coming up in his rear. The enemy has a N] strong column till farther to his left, toward Mana as Gap Railroad, in the di­ fore receiving these orders and afterward too, showing that at the time rection of Salem. he had contempt for Pope, and if he obeyed Pope it would he because JOHN POPE. Major-General, Commanding. he was compelled to do so. No man can infer anything from these let­ 1\laj. Gen. FITz-JoHN PoRTER, ters other than that he did not intend to support Pope. Commanding Fifth .Army Cof-ps. DETERMINATIOY THAT POPE SHOULD NOT SUCCEED. This order of Pope on the 26th shows that Porter was thus early Then, .Ir. President, there i a long history in connection with the notified of what was expected. conduct of Porter but I will not take the time of the Senate to read it Also the following: though I have order after order i ued by General Halleck to General HEADQUARTERS ARMY oF VmGTh"'IA, McClellan, just across the Potomac, to send Franklin and his command Wm-rento7' Junction, August '1:7,1862---4 o'clock a.m. to the upport of Pope. When he wa ordered to send them, when there GE~""ERAL: Your note of 11 p.m. yesterday is received. 1\fajor-General Pope directs me to say that under the circumstances tated by you in relation t-o your was a necessity for it, he sent back for the reasons but was compelled command he desires you to march direct to thi place as rapidly as possible. to send the troops, but when sent they did not arrive, showing t-hat there 1884. CONGRESSIONAL RECORD-SENATE. 1831

was a combination and determination that this man Pope should not forward beyond Cedar Run, testifies that a proper force had been sent succeed. forward to clear the road; thatthere was nothing to prevent the troop Take the conduct of Fitz-John Porter in front of Winchester at the from moving that night if a force had been sent to clear the road; that beginning of the war, when General Patterson was ordered to move when he passed over it there was only a small portion of the road ob­ and attack General Joe Johnston-just before the first battle of Bull structed. Run was fought and when he had nineteen thousand troops and Gen­ Solomon Thomas testifies that he moved out on the road in the morn­ eral Joe Johnston of the confederate side had but nine thousand. He ing; that they lay there until 9 o'clock on the morning of the 28th be­ was within ten miles, and when he was ordered to attack Joe Johnston fore they were moved forward; that the roads weTe in good condition, to prevent him from joining the rebels at :Manassas Junction, Fitz­ and when they moved out there was no obstruction. He was part of John Porter persuaded Patterson, as the records, sworn to, show, to move this command. twenty miles to the right, under pretense that it was the best move to General Butterfield testifies that General Porte1· sent two aids to make. So by this move John ton was let loose and made his move on Pope that night to ask Pope to clear the road for him (Porter) ; that to Manassas and turned the battle against McDowell. So I charge he did not know the urgency of the order, nor did he know whether here, and I defy contradiction, that Fitz-John Porter was the cause of any attempt had been made to clear the road. the lo of the first battle of Bull Run and refused to fight in the second. Captain Duryea testifies that he marched from Warrenton that night {Applause in the galleries.] up to 12 o'clock, and experienced no difficulty whatever in marching. The PRESIDING OFFICER (Mr. FRYE in the chair). No applause Capt. William W. Macy testifies that he marched that night until10 -ea.n be allowed in the galleries, and the Sergeant-at-Arms will be in­ o'clock, and experienced no difficulty, and had marched many times structed to arrest any person in the galleries who hereafter indulges on darkeT nights. in it. Lieutenant Brooks testifies that he traveled that night from beyond WAS IT IMPOSSIBLE TO OBEY THE ORDER? Warrenton to Warrenton Junction, from Warrenton Junction to Bristoe :Mr. LOGAN. Now, Mr. PI·esident, let me call the attention of the Station, and from Bristoe Station along to Greenwich; that he had no Senate for one moment to the evidence and see whether or not it was difficulty in finding the road, and that the roads were good. an impossibility for this order, known as the ~.30 order, to be obeyed. General Thomas McCoy testifies that he marched all the night of the The order was issued at 6.30 in the afternoon of August 27, 1862, when 27th and until1 o'clock in the morning with his command, and they Porter was nine miles away. The order was delivered by Capt. Drake experienced no difficulty in m~ching. De Kay, one of the staff officers of General Pope, at 9.30 p. m. That Colonel Buchanan testifies that he was at Porter's headquarters at 3 order directed him to start at 1 o'clock precisely and be at Bristoe Sta­ o'clock in the morning; that there was no stirringip. the camp; that he tion at daylight, which was about 4 o'clock. waited until after sunup before he could see General Porter; that after. I ask what is the necessity for Senators here to say that darkness, that time Porter asked him to send a detachment of his cavalry forward tree , bridges, or anything else was in the way of Fitz-John Porter ? to clear the road, so that he could march his troops, which was done. Fitz-John Porter did not examine the roads, and there is no evidence William E. Murray testifies that he marched with his command that to show that he did. Fitz-John Porter did not try to clear the roads, night untillO o'clock; that the roads were dry and in good condition. .and there is no evidence to show that he did. He sent two officers to Wi1liam M. Campbell testifies that be marched that night, tinding Pope and asked Pope to clear the road for him. Sir, it will not do to no difficulty in the roads or darkness of the night. say that a man is excusable for disobeying an order when he does not Maj. William Birney testifies that he marched with his command in try to obey it. He gave no orders to his commanding officers to move the direction of Bristoe Station on the night of the 27tlt; also marched .at1 o'clock, he gavenoordersforthem to be ready to move at 1 o'clock, again before daylight; that he experienced no difficulty on account of he gave no orders to them to be ready to move prior to 3 o'clock in the the character of the night or the roads, and that his entire brigade ac­ morning. The evidence of Drake De Kay shows that there were four companied him. miles of that road from Porter's camp to where the teams were being J. H. Stine testifies that he marched with the whole brigade to which parked, with no obstruction in the way. He did not attempt to move he belonged until after 9o'clockat night, and found no difficulty either that four miles. The evidence of Frederick Myers, the quartermaster in the roads or in the darkness of the night. in charge, shows that the wagons were all parked out of the way by 2 Capt. John P. Taylor testifies that be is well acquainted with that o0 clock and the road was clear, and Porter still did not move; in fact country; that he was over the r<~ad fTom Warrenton Junction to Bristoe he did not move until after unrise the next morning. Tile head of Station frequently; that wagons could go on either side of the road; his column touched the road at 4 o'clock right at his camp, and the that it was an open country, so that troops could move either on or at .evidence of one of the officers who was near Porter at that time shows the side of the roads without difficulty. that Porter was in his tent, and the sun was up before he mounted his The truth is, the evidence does show that there were but two little horse; and yet Senators say that because he could not obey the order strips of wood from Warrenton Junction to Bristoe Station. It was all was the rea on he did not do it. open field, and the fences had been burned. There was no trouble what­ Why do not Senators say that he tried to obey the order, as an ex­ ever in troops marching either on the road or outside ofthe road. -cuse? But they can not say this. He did not, and the evidence shows Samuel G .Hill, of Gibbon's brigade, testifies that his brigade marched that he did not. If he did not try to obey the order, he certainly dis­ that night untillO o'clock; that he was up until 3 o'clock in the morn- -obeyed it. No obedience is disobedience. If there was disobedience ing, and that the night was clear. · of the order, I ask any Senator here to-day, no matter on which side he Major Duvall testifies that he rode from Warrenton to Catlett Station, IIL:'lY have plumed himself, to tell me what a court-martial could do on from Catlett Station to Bristoe Station; thence to 1\fanassas Junction; .a trial of a man for disobedience of orders if the evidence disclosed the thattherewerewagons in the road, but no particulaTobstruction; that fact that he did not try to obey the order? Wha.t kind of a verdict he traveled from eighteen to twenty miles that night. would they find? I ask what kind of a verdict could a jury or a court­ James Haddow testifies that he marched with his command after sun­ martial find? They must find, according to their oaths, that he did down from Catlett Station to Bristoe Station; that the next morning "DOt obey the order. If he did not obey the order,· then, a a justifica­ (the 28th) be went from DristoeStation back to Catlett Station; thence tion for not obeying it, was there an impossibility? The evidence does to Warrenton with three ambulances, and that they had no material not show that fact. That being true, then I ask any man bow he can difficulty in passing; that they Il\et Porter's troop on the way. vote to condemn that court-martial, the President who approved its Lieutenant Tiffany and N. P. B'each accompanied Haddow and testi­ judgment, and the whole country who approved it at that time, merely fied to the same. out of sympathy for this man because it is said he has been punished General Jubal Early testifies that he marched on the night of the 27th sufficiently? without experiencing any difficulty on account of the night. "THE EVIDENCE AS TO THE CONDITION OF THE ROAD PREPARED FOR PORTER. Henry Kid Douglass, adjutant-general of Jackson, of the confederate army, testifies that Jackson's whole command moved away from Cen­ Why, sir, I will give the evidence of twenty-one witnesses swearing treville up to near Groveton with all their brigade trains during the to different points showing this state of facts to be true: That the road night of the 27th. wa open at 2 o'clock in the morning; that four miles of the road was General Myers, quartermaster who had charge of the train , testifies ·open fi·om his camp that night when he received the order; that he did that the road was good from Warrenton Junction to Bristoe Station; not move until :five hours after the order directed him to move; that be that he parked the trains and kept them going into park! reducing the moved at a time when the wagons were coming out of park, which was number all the time in the road; that there was a road on either side -off the road, into the road; that the road became obstructed not while of the railroad; that there was nothing to prevent troops from moving he could have moved, but after the time had expired when he was to that night; that he brought the head of the wagon trains into the road have been at Bristoe Station. at daylight on the morning of the 28th. General Pope swore the road was in good condition, &c. I follow this with the more extended testimony of these "\\i.tnesseson Drake De Kay delivered the order at 9.30. these points. OTHER WITSESSES. The evidence shows not only that ample pro-dsion bad been made for Chauncey McKeever, known as General McKeever, a man well known the mo•ement of Porter's troops, but it also shows that the road was a bere by nearly everybody, testifies that there was nothing t{) prevent good one, that troops pa..."Sed over it that day, wagon trains passed over .the troops being put in motion on that night of the 27th of August. it that day; that the raHroad had been repaired; that trains were run Col. Robert E. Clary, who was sent by Porter to moT"e the trains out all the way. The evidence shows that there was a road on either I· 1832 CONGRESSIONAL RECORD- SENATE. MARCH 13,

side of the railroa.d. The evidence shows that these roads were open. and buried forever beneath the sea. This" Drowned Land," as it is called now separated the island from the main. At low tide it was, however po ibie for The evidence shows that it was an open country all the way, except experienced pilots to ford the estuary, which had usurped the plac~ of the land. one or two little strips of woods that came down beyond his camp and The average depth was between four and five feet at low water, while the tide one near Kettle Run, so that the troops could march outside of the road, rose and fell at least ten feet; the bottom was muddy and treacherous and it w~ moreover traversed by three living streams or channels, always mtich too and did so during that day. deep to be fordable. EXCUSES GIVEN. Capta~~lomaert,aFle~ingofgreate:xperien7Candbravery,warmlyattached to the kmg s cause, conceived the plan of sending re-enforcements across this Mr. President, what is the excuse given by his friends? It is that drowned district to the city of Tergoes. Accompanied by two peasants of the it was a dark night. I will not take up time in discussing the ques­ count~, well acquainted. with the track, he twice accomplished the dangerous tion as to the darkness of the night, except to say that the evidence and difficult passage, which, from dry land to dry land, was nearly ten English miles in length. Having thus satisfied himself a to the possibility of the enter­ contradicts that statement. Suppose it was a dark night; does that prise, he laid his plan before the Spanish colonel, 1\Iondragon. make it impossible for men to march? I appeal to every Senator on Thatcourageous veteran eagerly em braced the proposal,examined the ground this side of the Chamber who was jn the Union Army, I appeal to every a~ <;I after consultation with Sancho d' Avila, resolved in person to lead an expe: dit1on along the path s~ggested ~yPlomaert. Three thousand picked meil, a Senator on that side of the Chamber who wa in the confederate army, thousand from each nahon-8pamards, 'Valloons, and Germans-were speedily ifthey would make such a statement; I would appeal to my friend from and secretly assembled atBergen-op-Zoom, from the neighborhood of which city Kentucky [1t1r. WILLIAMS]. No matter how he may vote out of sym­ at a pla~ called .A.ggier, it was necessary that the expedition should set forth: A. quantity of sacks were provided, in which a supply of biscuit and of powder pathy, he knows that the cry that a man can not move on account of a wa placed, one to be carried by each soldier upon his head. .Although it was dark night when there was a road to go on is utterly false. already late in the autumn the weather was propitious; the troop , not yet in­ formed as to the secret enterprise for which they had been selected were already SOME NIGHT MOVEMENTS THAT WERE MADE. assembled at the edge of the water, and .1\Iondragon, who, notwithstanding his I have never desired to give my experience or say what I have done, age, ~ad resolved upon heading t~e hazardous expedition, now briefly, on the but I will say now to the Senator from New Jersey, when he defends evemng of the 20th October, explamcd to them the nature of tlle service. His statement of the dangers which they were about to encounter rather inflamed Fitz-John Porter for not moving nine miles at night so that he n:Ught than diminished their ardor. Their enthusiasm became unbounded as he de­ fight a battle the next morning, that the records of our war show that scribed the importance of the city which they were about. to save and alluded I moved ten thousand men one night in a rain where we had to feel our to the glory which would be won by those who thus courageously came forward to its rescue. The time of about half-ebb tide having arrived, the veteran pre­ way, ay, crossed the Mississippi River at daylight and marched fourteen ceded only by the guides and Plomaert, plunged gaily into the waves, foll~wed miles, and came onto the battlefield in the midst of a ]Jeavy engage­ by his army, almost in single file. The water was never lower than the breast ment, went into action at once with my men tired-but no matter, the often higher than the shoulder. The distance to the island, three and a half­ l~gues at least, was to be a-ccomplished within at most six hours or the rising soldiers went in with a will and turned the tide and the day was won. tide would overwhelm them forever. .And thus, across the quaking and uncer­ Tell me that you can not move at night! Why, sir, moving around tain slime, which often refused them a footing, that adventurous band five hours· Vicksburg we marched night and day. After the battle of Jonesbor­ long pursued their midnight march, sometimes swimming for theit" lives and always struggling with the wave , which every instant threatened to engulph ough-I think my friend who spoke last [Mr. 1\f.A.NDERSON Jwas there­ them. we moved to Lovejoy Station. In moving back, when the raill was pour­ Before the tide had risen to more than half-flood, before the day had dawned ing in torrents, I covered the rear of the Union Army when I could the army set foot on dry land again at the village at Irseken. Of the whole thre~ thousand only nine unlu"Cky individuals had been drowned; so much had cour­ see neither road nor path. age and discipline availed in that dark and perilous passage through the very Take the marches at the winding up of the rebellion; take the bottom of the sea. The Duke of .Alva might well pronounce it one of the most marches in Virginia at the time Richmond was evacuated· take the brilliant and original achievements in the annals of war. The beacon fires were immediately !ighted up?~ the shore, as agreed upon, to inform Sancho d' A Yila, marches of Sheri{lan and of Crook; take the marches of the Mb Corps­ who was anxiOusly awaitmg theresultatBergen-op-Zoom, of the safe arrival or this same Fifth Corps that Fitz-John Porter commanded and did not com­ the troops. A brief repose was then allowed. .A.t the approach of daylight they mand to fight at the second battle of Bull Run, after he was relieved set. forth from lrseken, which lay about four leagues from Tergoes. The news that a Spanish army had thus arisen from the depths of the sea flew before from its command, however-it marched night after ni~ht. The history them as they marched. The besieging force commanded the water with their· of the rebellion shows that the Fifth Corps marched for five days and fleet, th~ land with_ their army; yet had these indomitable Spaniard found a nights, almo t incessant.ly, helping to fight battles, under a different p_ath which _was neither ~nd nor water, and had thu stolen upon them in the­ silence of mght. A. pamc preceded them as they fell upon a foe much superior commander. And yet Senators make an excuse for this man that he in number to their own force. It was impossible for 't Zeraerts to induce his. could not attempt even to march that corps, be would not even try to soldiers to ,offer resistance. Tl\e patriot army fled precipitately and ip:nom.ini­ obey an order to march, because it was dark! ously to their ship , hotly pursued by the Spaniards, who o'•ertook and de­ stroyed the whole of their rear-guard before they could embark. This doue LITTLE SCRAPS OF :insTORY. th_e gallant little garrison which had so successfully held the city was re·enforced ir, it n:Ugh t not be amiss right here to call the attention of Senators with the co.ux:ageou veterall:s who had come to their relief. His audaciou proj­ ect thus brilliantly accomplished the "good old 1\Iondragon," as his soldiers­ to some little scraps of history. We may go far back in the history of called him, returned to the provmce1 of Brabant. wars, we may travel back as long as battles have been fought of which histo1-ygivesanaccount, and we:findnightmarcbes. Take, for instance ])lr. LOG.A..i'f. Here is an instance in 1572 where three thousand ~e battle of Arbela, fought by Alexander the Great against Darius. Th~ soldiers marched three leagues and a half, a distance of over nine miles, mght but one before that battle Alexander made the march in the dark through an arm of the sea that <>ame up to their chins, dming the time­ tQ get on the battlefield by daylight.. So you may take many others. wbent.betidewascomingin and tbeybad tomaketbemarcbbyacertain Take the battle fought by Demostbenes at Syracuse. His assault was time in order to reach the land. They did it, carrying their ammunition made in the dead of night by climbing around the crags on a pathway to on their beads and saved the grurison. Y t:t you tell me that Fitz-Jobn theenemy. So, too, youmaytaketbemarcbesofCaiusClaudius Nero Porter with a corp refused to march nine miles at night when there was when ~e escaped_ from the front of Hannibal and marched by night and noseatberetooverfl.owhim, butbecauseoftbedarknessofthenight, upon -:Jay Without ceasmg to Uetaurus, and there the battle was fought. His a steady, firm road, and that it was a physical impossibilityfor him to. troops were bidden in the camp of Livius until the battle commenced· march. Will an American soldier say that he can not do that which a they won the battle after night and day marches, and the first that w~ Spanish, Walloon, or German soldier could do? Will an American. known by Hannibal that Nero had escaped him was when he threw soldier say he can not march where a foreigner might march? Will an Hasdrubal's head into his-Hannibal's-camp. American soldier say he can not march on dry land nine mile when a Sir, the battle of Waterloo is recognized as a great battle one of the foreigner marched three thousand men not on dry land but on a lip­ fifteen great battles of the world. The battle of Waterlo'o was com­ perybottomwberetbeocean's waves came up to the chins of the oldiers, menced in early day, and fought far into the night. The charge that and be made that march in the dead of night when darkness was upon was made by Napoleon with his reserve guard on the Iron Duke was his army and saved the troops that be went to succor? In th name oi made after 8 o'clock, and at 9 o'clock Wellington moved with his whole all that is under and above the earth will Americans claim that they line and di..•:;persed and drove the French army from his front. Do you can not perform that which other men can do ? tcll me that you mn not move troops by night? History is full of it. Suppose Fitz-John Porter had been ordered to march through water Battles in history show that great victories have been won in tbenigbt four feet deep nine miles that night, he would have said it was a ph ' - and that great marches have been made in the darkness and gloom of ic.al impossibility, and you gentlemen who are •oting to relieve him the night. would have a~reed \vith him; but here is a man who tells you that it For the purpose of calling my friend's attention to the difference be­ was not a physical impossibility, for be did it, says this history, If an tween an officer in 1862 and one in 1572 I should like to have read for American Senator can excuse an American officer from marching nine his benefit a little a«rap of history found iu the second volume of Mot­ miles in the night on a good road where there are two I"Oads after hav­ ley' Dutch Republic, on page 414: ing read this history, it ought to bring a blush to the cheek of every The Secretary read as follows: American. The Scheidt, flowing past the city of Antwerp and sepaxating the provinces of No, sir, it is not because be was convicted in violationoflaw, it is not Flan.d~r~and Brabant, opens wide it.s two arms in nearly opposite direction be­ because he was unjustly condemned. That is not it. The couxt has. fore ItJoms the sea. Between these two arms lie the isles of Zealand, half floating all passed away except three, I believe. Lincoln was assassinated; Gar­ upon, haJf submerged by, the waves. The town of Tergoes was the chief city of South Bevel and, the mostimp_ortant paz:t,of this archipelago, but South Beve­ field was assassinated. It is easy to denounce the ~tion of the dead, for land had ~ot always been. an ISland. Fifty years bef

Senate. &_orne who were major-generals of the Army have a history Col 0. S. Hamilton, Eighty-sixth Inuiana Volunteers, from .January 13, 1863r for incompetency. Ulemsel ves. I discover some gentlemen very anxious to insist in word, Capt. .John Burton, Fourth Indiana Volunteers, from .January 13,1863, for in­ speech, and >ote that this man Porter was improperly condemned who temperance. should look well to their own record. I have the proceedings of fifty­ First Lieut. Henry Week, eventy-ninth Illinois Volunteers, from .January 13 .. 1863, for cowardice in the face of the enemy at the battle of Stone River. one dismissals of officers from the Army copied from records of the War Second Lieut. William C. 'Villard,Seventy-ninthlllinoisVolunteers, from .Jan­ Department. I will read some of them. They werepoorvolunteeroffi­ uary 13,1863, for cowardice in the face of the enemy at the battle of Stone River. cers, that is true: Capt. David .Jamison, Twenty-ninth Indiana Volunteers, from .Jan ue.ry 13, 1863, for cowardice and deserting his command in the midst of the battle of Stone­ Lieut. Henry C. Smith, "for insubordination, disrespect to his com­ River. manding officer, and disobedience of orders." He was dismissed. Capt. W. W. Schuyler, Twenty-ninth Indiana Volunteers, from .January 13, Lieut. James Walton, "absent without leave and disobedience of 1863, for cowardice and deserting his command in the midst of the battle of· Stone Rh-er. orders.'' Capt. S. H. Williams, One hundred and fifth Ohio Volunteers, from .J _ nuary 13, Capt. Henry D. Wishart, of Pennsylvania, dismissed for deserting 1863, for drunkenness while on duty. his company during action. "The general commanding regrets that Lieut. .John Mangold, Ninth Ohio Volunteers, from .January 15,1863, for absence­ without leave. he has not the authority to inflict the sentence of deatl:i. '' First Lieut. Joseph .J. Armatage, Eighty-sixth Indiana Volunteers, from .Jan­ Senators are putting this on the ground of excuses for people. Here uary 15,1863, for abandoning his company in the presence of the enemy at the is a poor fellow who could not stand the ra{!ket and he dodged a little; battle of Stone River. Captain Klein, Seventy-ninth Pennsylvania. Volunteers, from .January 15, 1863, he was di£missed, and the general says he regrets he has not the power for absence without leave. to inflict the sentence of death. First Lieut. E. H. Benedict, Seventy-ninth Indiana Volunteers, from .January Seth L. Woodworth, of Illinois, was dismissed for skulking. 15,1863, for cowardice and misbehavior on the battlefield. Capt. Duncan C. Reed, Twenty-fourth Wisconsin Volunteers, from .January 27, Captain Paulus was dismissed for absence without leave. 1863, for deserting his command while engaged with the enemy on the pretext Reuben Platt, lieutenant, was dismissed for ''misdemeanor when the of sickness. regiment was marching against the enemy.'' Second Lieut. Albert B. Forbes, Eighty-eighth Indiana Volunteers, from .Jan­ uary 17, 1863, for drunkenness on the field of battle. I will not read them all at this time, but will ask to give them with Second Lieut. .Jes e Ball, Eighty-eighth Indiana Volunteers, from .January 17, my remarks. There are fifty-one cases, all dismissed; and I wish to call 1863, for tendering his resignation, a igning as a reason that he was tired of the the attention of both sides of the Chamber to the fact that these :fifty­ service and opposed to the President's proclamation. Col.W.B.Casselly,Sixty-ninth Ohio Volunteers, from December 31,1862,for­ oneofficers weredismissed by a commanding general without even giv­ drunkenne . s on the morning of the 31 t December, at the most critical moment ing one of them a trial. Not one ever had a trial by court-martial, but of the battle of Stone River, rendering him incapable of receiving or giving were dismissed peremptorily by order of the general commanding, some commands, thereby imperiling the safety of his entire regiment. Capt. .John Watts.Sevent.y-secondindiana Volunteers, from .January 19,1863, for skulking, some for absence, some for disobedience of orders, and one for disobedience of orders, gro s carele sness, and neglect of duty while on for disrespect to his comii)aD.ding officer. That general is a tender­ picket. he-arted man, !presume. Would the Senator from New Jersey like to Capt. 1\I. Noble, One hundred and first Ohio Volunteers, from .January 21,1863, for absence without leave. . know who the general is that dismissed tho e fifty-one officers without Second Lieut. 0. L. Peck, One hundred and first Ohio Volunteers, from .Jan­ giving them even the right to a court-martial. His name is signed to uary 21, 1863, for absence without leave. this order, and I will read it: ''By order of Major-General RoSECRAKS.'' Lieut. S. G . Wright, acting assistant quartermaster Thirty-sixth Brigade, from November 21,1862, for signing a falpe voucher. General Orders No. 30. Surg. W. H.l\1yer , Thirtieth Indiana Volunteers, from November 26, 1862, for­ HEADQUARTERS DEPARTMENT OF THE CUMBERLAND, stealing horses, abandoning his post when regiment was marching in tbe face MurfreeshorO'Il{Jh, Tenn., February 24,1863. of the enemy, he being the only medical officer on duty, and absence without leave. By virtue of the authority delegated t{) the major-general commanding by the Lieut. G. P. Stiles, Thirty-first Ohio Volunteers, from February 2, 1863, for ab­ Secretary of \Var, the following-named officers are dismissed the sen-ice of the sence without leave for more than sixty days. United States from the dates set opposite their respective names: Lieut. S. B. Conn, Sixty-fourth Ohio Volunteers, from February 2, 1863, for ab­ Maj.H.C.Rogers,Fourth Ohio Oavalry,from December 25,1862, for absence sence without leave for more than sixty days. without leave. Second Lieut. Arthur Bennett, Seventy-seventh Pennsylvania. Volunteers, Lieut. .James Ritt, Fourth Ohio Cavalry, from April1, 1862, for absence without from February 2,1863, for absence without leaN e. leave. · Capt. Henry D. Wishart, Seventy- eventh Pennsylvania. Volunteers, from Feb­ Lieut. 'Vellington B. Straight, Fourth Ohio Cavalry, from September 12, 1862, ruary 2, 1863, for cowardly conduct in the face of the enemy and deserting his for absence wit-hout leave. company during the action of December 31, 1862, at Stone River, under the dis­ Lieut. John Shade, Fourth Ohio Cavalry, from December 26, 1862, for absence graceful pretext of sickness. The· general commanding regrets that he has not ·without leave. the authority to inflict. the sentence of death. Lieut. Adam Kunk, Fourth Ohio Cavalry, from September 6, 1862, for absence Lieut. Seth L. Woodworth, Company B, Seventy-ninth lllinois Volunteers, without leave. from February 2,1863, for skulking in the rear at the beginning of the battle, dis­ Lieut. Thomas D. Burdsal, Fourth Ohio Cavalry, from September 6,1862, for obedience of orders, and pretending lameness. absence without leave. Capt. M. L. Paulus, Ninety-third Ohio Volunteers, from February 5,1863 for Capt. .J. ,V, 1\larvin, Third Ohio Cavalry, from .January 21,1863, for absence being absent wit.hout lea. ve and without sufficient cause from December 31, i862.­ without leave breaking his arrest, and drunkenness. to .January3, 1863. Capt. .John Fenfrock, Sixty-fourth Ohio Volunteers, from November 5,1862, Lieut. Reuben Platt, Ninth Indiana Volunteers, from February 9, 1863, for re­ for deserting his command while on the march. peated insubordination, absence withoutleave, and misdemeanor when the regi­ Second Lieut. .James H. Baty, Fifth Kentucky Volunteers, from .Janua.ry22, ment was marching against the enemy. 1863, for ab ence without leave. By command of 1\Iajor-General R{)secrans. Second Lieut. L. H. Albert, Thirty-ninth Indiana Volunt~rs, from .January 22, 1863, for desertion. C. GODDARD, First Lieut. .John W. Scott, CompanyG, Forty-second·Illinois Volunteers, from Assistant Adjut-ant-General and Chief of Staff. .January 11, 1863, for absentin~ himself wit:W.out leave and for disabling hl.UlSelf by contracting a disease whicn unfits him for military duty. Without speaking of any member of the House of Representatives, I Lieut. Henry C. Smith, Eightieth illinois Volunteers, from .January 22,1863, can speak of the General. When he appeals to this country to reinstate for insubordination, disrespect to his commanding officer,.and disobedience of Fitz-John Porter, who was tried by ::t court-martial, who was convicted orders. Second Lieut. .James Walton, Ninety-fourth Ohio Volunteers, from .January by acourt-martiallawfully organized, and the sentence approved by the 22, 1863, for absence without leave and disobedience of Grders. President of the United States: I ask him who appeals for the restora­ Lieut. A. C. Brown, Tenth 'Visconsin Volunteers, from .January 23, 1863, for tion of those fifty-one poor volunteer officers who were dismissed by a repeated misbehavior and absenting himself without leave when his regiment was marching to meet the enemy. stroke of his pen without anything on the records as to what they were Fir t Lieut. G. W. Riley, Fifteenth Indiana Volunteers, from .Ja.nun.ry 29, 1863, accused of except his own statement? I should like to see the tenrler for 'having disabled himself by contracting a. disease which disqualifies him for heart·turned toward the poor unfortunate volunteer as well as toward military service. • Second Lieut. E. BieTce, Tliirtieth Indiana Volunteers, from .January 29, 1863, the man who happened to have been educated at the expense of the for straggling and permitting himself to be captured. Government. Who pleads for tho e men? Who introduces bills to re­ Capt. B. \V. Canfield, One hundred apd fifth Ohio Volunteers from .January store those men? No Senator, no Member of Congress, nobody pleads 29, 1863, for disobedience of or<:ers and gro s neglect of duty m1 allowing his train, consisting of thirty-four wagons and one hundred and eighty-four animals, for them. Nobody asks that the tender heart shall turn toward them, under charge of one liundred and sixty-four men, to be surprised and captured dilsmissed without a court, without a trial, by merely the will of the by scarcely superior force of the enemy, without any resistance on his part. The commanding officer. Yet we are told that this js all right. They were commanding general regrets his inability to inflict the extreme penalty of the law upon one so deserving an ignominious death. mere volunteer officers. Surg. H. M. Crouse, Fifty-seventh Indiana. Volunteers, from November 9,1862, HOW TQ-DAY'S RECORD STANDS. for absence without leave. Lieut. Col. .Jacob Ruckstuhl, Fourth Kentucky Cavalry, from January 5,1863, But, sir, that is about the way matters are moving in this country for ab ence without leave. now. There is a class that must feed on the bounty of the Govern­ Capt. Henry hatfer, Fourth Kentucky Cavalry, from .January 5, 1863, for re­ peated absence without leave. ment; kicked out of the Army or not, it makes no difference, they must Capt. Patrick McGowan, Fourth Kentucky Cavalry, from .January 5, 1863, for be pnt back and they must be supported by the Government. They repeated absence without leave. are asking reinstatement by Congress every day. Why? Because at Maj. ,V, .J. Clift., First Middle Tennessee Cavalry, from .January 10, 1863, for absence without leave while his regiment was engaged with the enemy at the some time they performed service. They have been dismissed very true- battle of Stone River. (dishonorably), but no difference. • First Lieut. R. H. Shively, First Middle Tennessee Cavalry, from .January 10, Sir, there were two millions of men who performed service in thi 1863, for absence without leave while his regiment was engaged with the enemy at the battle of Stone River. country, volunteer soldiers, privates and officers, and no bill has ever Second Lieut. H. N. S. Shipp, First Middle Tennessee Cavalry, from .January passed the Senate to put one of them on the retired-list; and not a vol­ 10, 1863, for absence without leave while his regiment was eagaged with the enemy at the battle of Stone River. unteer officer has ever been placed there, no matter how badly wounded First Lieut. S. L. Gregg, Nineteenth Indiana Battery, from October 27,1862, for or shattered or torn, it makes no difference. A man has to go through absence without leave. the portals of the regular Army te receive the bounty of this Govern- 1834 CONGRESSIONAL RECORD-SENATEo MARCH 13, ment on the retired-list. Whether he be armle without legs or eyes, concerned, and if I cannot how by confederate and Union testimony it makes no difference. If he was a poor volunteer, kick him out of that there was a battle fought on the 29th, and not only that, but by the service by an order, not by a trial, and it is all right; but if a man the report of the Senator himself, who says in his report that he had who happened once to belongtothe regular.l\.rmyfuils in his duty, dis­ to change one battalion of his regiment to the position of the other on -obey orc;lers, shows his disobedience and his contempt for his superior account of exhausting his ammunition-that is substantially the lan­ officer, all that side of the Chamber come up in solid phalanx for him, guage of the Senator s own report-on the 29th, the battle was raging .and they generally obtain a few allies fi·om our ide for the purpo e of so furiously; in this I am not mistaken. helping them along to reverse history. Men who attempted to destroy CONFEDERATE TESTI!IIONY. the Government, when forgiven (and I ay this with all due respect­ Now let us see whether I am correct. These gentlemen do not like they will not complail1, for they did try to destroy the Government), the evidence that was taken before the court-martial. It does not seem -come to you, and undertake to reverse history on your ide of the case, toagreewiththeircase. Theywantconfederatetestimony. Ina muchas .and you rush forward to assist them in doing it, and expect to gain the they want confederate testimony let me give them a little of it. I bring :plaudits of the people of this country for so reversing history against the General Lee now to prove my side of the case as I state it. General nion people of this Government; it is done on the ground of charity. Lee says-! read from his official report: Charity for what? Charity for your country? Charity for truthful his­ Generals Jone and Wilcox bivouacked that night ea t of the mountain- tory? Charity for a person. Therefore reverse the hi tory of the case, tum the wheel ba~kward, cast a stigma upon two dead Presidents, upon That is the night of the 28th; I do not want to con ume time in .an honomble court-martial, for the benefit of a man who failed in the reading the whole report-- hom of trial to perform his duty toward his country. If that is the and on the morning of the 29th the whole command resumed the march, the '(;()urse _that is goin_g 1? be purs?-ed it will not be long until all the his­ sound of cannon at Manassas announcing that Jackson wa alre.ady engaged. tory ·of the war will m a certam ense be reversed. That was at 9 o'clock in the morning. I for one, no matter what men may say, will follow my convictions Longstreet entered the turnpike near Gainesville, and moving down toward ·of right. I am charged with following this man nnnece sarily. I fol­ Gro.-eton, the head of his column came upon the field iu rear of the enemy' low no man. I have my honest conviction and by my convictions I left- will stand. If I were the only man in this country who would stand That is in the rear of Pope s left- in the Senate Chamber and defend the name and fame of Lincoln, Gar­ which had already opened with artillery upon Jack on' rig-ht, as previously field, and the men who condemned this man, I would say, solitary and described. He immediately placed ome of his batteries in position, but before he could complete his dispo itions to attack the enemy withdrew, not, however, -alone, "I will stand here in defense of right against a man who trie to without loss from our artillery. Longstreet took po e ion [position?] on the iear down the reputation of those men in order to build up one for him- right of Jackson, Hood' two brigade , supported by Evans, being deployed elf which he does not deserve." across the turnpike and at right angle to it. THE SECOND BRANCH OF THE CASE. Now he goes on and gives the description, and winds up with saying: Mr. President, I now desire to call the attention of the Senate to the While thisdemoustrati.on was being made on our right a large force advanced econd branch of this case, which is in reference to the 29th of August, to assail the left of General Jack on's po ition, occupied by the division of Gen­ eral A. P. HilL The attack-wa received by his troop with their accustomed 1 62, and the orders on that day. I will not go over the testimony in steadiness, and the battle raged with great fury. full, for I propose by leave of the Senate to file the evidence in the case with my argument to sustain every proposition that I make. I have THE TESTIMOYY OF tn.TJO:s- OFFICER • it compiled from the records as sworn to. That is the language of Lee. The battle raged with great fury on the What is the case of the 29th of August? The Senator from New 29th. Now, I can prove it by every report made by Union officers, and ..Jersey [1\Ir. SEWELL] commenced his speech by having a letter read I have the names of the different ones making the reports and I will from General U. S. Grant. If there is any one in this country who give them-- has a higher admiration for the military genius of General Grant than M:r. ED MUNDS. How far was Porter from that battle at that time? I have, I do not know him. I erved under General Grant for three :Mr. LOGAN. About two miles to the left. _years. I went into the Army almost at the same time he did. I have :M:r. EDMUND . Then he could have heard the cannon. known him for a great many years. I would not say one word that Mr. LOGAN. The evidence all shows that his troop heard the ar­ would deprive him of the great reputation that he has justly won be­ tillery all day. fore the American people. I will take his letter as read by the Sena­ Now let me show yon the number of reports of Union officers, and I -tor on yesterday, and I propose to examine the paragraph for my elf especially call the attention of the Senate to them. They are as follow : :upon which he laid so much stress and ee what I can make of it. General Pope, General McDowell, General Reynolds, General Schenck, THE BATTLE ON THE 29TH OF AUGU~T . General Robinson, General Grover, General Kearny, General Sigel, Gen­ The controversy in this case on the 29th is about three orders. The eral Milroy, General Stahel, Lieutenant Haskins, General Carl Schurz, Lieutenant-Colonel l\1uhleck, Colonel Kryzanowski, and divers other .fir t order was issued about 6 o'clock in the morning; the second was the joint order; and the third was the 4.30 order, which it is said he did U niori. officers' reports, and each and every one of them not only show a not obey, nor, strictly, any of them. On that point the enator from New battle but heavy lo on the 29th, and not only that, but I assert the fact ..Jersey makes the same mistake that aU persons have made who defend and will put it in evidence that the battle was desperate and bloody. Fitz-John Porter for the di obedience of that order. They insist that The fight was so evere that the confederate reports how that all the ·there was no battle on the 29th. If there had been a battle on the 29th, field officers of one whole command were lost save two. then Fitz-John Porter was guilty; but ina much as there was no battle And yet with all these facts before the country and before this body -on the 29th, he could not be guilty of violating an order to fight when Senators will say there was no battle on the 29th. I will now gi>e the names of the confederate officers who made re­ there was no fighting to be done. That is the reasoning. The proposition is this : If there was a battle on the 29th, and Fitz­ ports of that batt.le. Here is the report of the Senator from New J" ersey. John Porter failed to fight when he was ordered to fight, then he is He was in the battle-I have quoted it-he says he was out of ammu­ _guilty; if there was no battle he is not guilty, as there was no fighting nition and changed one-half his command around in order to let the others have a chance, his ammunition being exhausted. The Senator to do. Is not that it? Now, let us see if General Grant does not fall into the very same error. knows this to be his report. That was on the 29th. Mr. SEWELL. Will the Senator allow me to interrupt him? What does he say? Mr. LOGAN. Certainly. Until in 1 1- Mr. SEWELJ". There is no question of the fact that there was severe :M:ark the language, and I call the Senator's attention especially to it: fighting on that day. It wa by isolated brigades though· it was not Until in 1 l, when I re-examined for myself, my belief was that on the 29th a general battle. ·of August,l862, a great battle was fought between General Pope, commanding the Union forces, and General Jackson comma nding the <'Onfederate forces; 1\Ir. LOGAN. "Isolated brigades. ' Yes, I hould say there was that you, with a corps of twelve or more thousand men, stood in a position across one isolated command that did not fight at all. [Great bughter.] But the right flank of Jackson and where you could easily get into his rear; that you you may call it what you plea e. Sir, you know if you are a military received an order to do so about 5 or 5.30 o'clock, which you r efused to obey be­ -eause of clouds of dust in your front, which you contended indicated an enemy man-and I do not doubt the proposition; you served honorably during in superior force to you; that you allowed Pope to get beaten while you stood the war-there never was a battle fought yet when all the troop on idly looking on, without rai ing an arm to help him. With this understand­ both sides were engaged at the same time, unle it wa a mere mall ing- detachment. There is no man certainly who wa in the Army but Now mark the language- knows that b::tttles were all fought by brigad~ and divisions, one fight­ and without a doubt a to the correctness of i.t, I condemned you. ing now and another again and o on as different mo>ement were made. ~ What does he mean by this tatement? He means that if there was a There is my friend who has an honorable record as an army officer [.Mr. battle on the 29th and Porter stood there with twelve thousand men and MILLHR, of California]; he know that what I say is true. Every man -did not fight and did not attempt to fight, he was guilty and Grant con­ who has served :41 the Federal or confederate army knows the same demned him ; but since he ascertained that there wa no battle on the thing. On the 29th every man you had under Pope except Porter wa 29th he bas changed his opinion. That is t.he whole case as General engaged in battle that day, and yet you say it wa not a battle, and on Grant puts it. I will agree with Grant on that propo ition. I agree that ground General Grant say because there was no battle on the 29th "right here that if the evidence does not show that there was a battle Porte1· ought to be excn ed but if there was any battle on the 29th hn fought on the 29th tba:t I may be wrong so fa1· a the order to attack is '' condenmed him. 1884. CONGRESSIONAL RECORD-SENATE. 1835

WHAT GE.~RAL GRA1\""T 1S LETTER PROVF.S. Gainesville, he says that, eeing dust, &c., he concluded to stop there. Now, what does Grant's letter prove? It proves exactly what you do I do not give his language, but that is the substance. He did stop not want proven. It proves that if there was a battle on the 29th Por­ there; be staid there the whole day; that is, the head of his column did. ter was properly condemned. You agree there was. Therefore he was Mr. SEWELL. Will the Senator allow me a word? properly condemned. There is the kind of argument that you have 1\Ir. LOGAN. Certainly. used in this ca e from the time it was :first before Congress, denying 1\Ir. SEWELL. The evidence of General Butterfield goes to show that there wasa battle on the 29th, when Lee, Longstreet, Hood, Jones, that he threw a brigade aero Dawkin's Branch, his line deployed, Ewell, and Jackson, an called the Independent Railroad, which was a cut, and formed [indicafuig] was Jackson's right. Longstreet formed, throwing his left his line in rear of the raih·oad cut, letting his Tight run up-in the direc­ around on Jackson's right. Here was Pope throwing his left up this road, tion of the road that ran from Gaine ville to Centreville. Bull Run Creek the turnpike road [indicating]. Porter, then, by moving here, would runs down in this direction [indicating]. They were to move from Daw­ have struck Longstreet on the right flank; and according to all the testi­ kin's Branch up to Gainesville, striking this turnpike road. The inten­ mony and the maps t.hat your own friends have made for you, if he had tion was to strike the turnpike, and the fact that Porter was told to be in moved forward on that road he would ha-ve struck Longstreet on the .a condition to fall back behind Bull Run shows that to be true, because right :flank. There is Longstreet's right flank, and there is th.e road on the road that he was then marching he could not fall behind Bull Run passing up to the right of Longstreet. He could not have moved with­ 'vithout traveling clear around to Centreville, but by passing through out striking him on the right flank. If Longstreet had met him he .and letting his right swing over to this road he would be on the turn­ must have thrown his left around here [indicating] to face Porter in­ pike road which passed down across Bull Run to Centreville on this stead of already facing him, as he is said to have been. This statement turnpike. That was the situation, and that is what Pope intended. about its being impossible for Porter to pass on to the right of the enemy After Porter had gone as far asDawkin'sB:ranch, five miles away from is sheer nonsense. 1836 CONGRESSIONAL RECORD-SENATE. MARcH 13,.

~ow, let us see if we can find about how many troops were in Por­ Mr. SEWELL. Does the Senator want me to answer that question?" ter's front. I take General Longstreet's report, General Lee's report, Mr. LOGAN. Certainly. General Wilcox's, General Hood's, General Anderson's, and see what 1\fr. SEWELL. You have a recollection of the Buford dispatch? they state. Longstreet on the 29th had (General Wilcox's brigade, Mr. LOGAN. I have. .Featherstone's brigade, General Pryor's brigade) six thousand three hun­ 1t1r. SEWELL. That covers the ground. died men; General Hood (Texas brigade, Law's brigade, Evans's bri­ Mr. LOGA.!.~. Covers what ground? gade) six thousand three hundred men-they average up very nicely Mr. SEWELL. That the troops were there. a--t-was thick; and Stuart says the dust was made by drawing brush the confederates themselves and disprove the statement I have made;. along the road. I have repeated this before, and I do not wish to refer they prove it, sustain it in every particular. And nowhere in the evi­ to it again; but that is the evidence in this case, and the evidence is dence of any of them do they contradict the fact that the troop I men­ what we must be guided by. tion were engaged at Groveton on the 29th. WHAT PORTER SAID BEFORE THE COURT-:IIARTIAL AS TO THE FORCES IN HIS THE 4.30 ORDER. FRONT. Now let us examine the 4.30 order, which was as follows: In order to sustain what I say about that, suppose we take what Ur. HEADQUARTERS IN THE FIELD, August 29-4.80 p. m. Porter sa.ys. I want to call the attention of the Senate to this faet: ~1r. MAJoR-GENERAL PORTER : Yonr line of march brings you in on the enemy's Porter and his friends insist that there were twenty-five thousand men right flank. I desire you to push forward into action at once on the enemy's flank, and if po sible on his rear, keeping your right in communication with iR his front and that he knew it, and Pope did not. I believe that is General Reynolds. The enemy is massed in the woods in front of us, but can the statement. Fitz-John Porter stated to the contrary before the court­ be shelled out as soon as you engage their flank. Keep heavy reserves and use martial, that there must have been from ten thousand to fifteen thousand yonr batteries, keeping well closed to yonr right all the time. In case you are obliged to fall back, do so to your right and rear, so as to keep you in close com­ men in his front. Now he says there were twenty-five thousand; the munication with the right wing. Senator says so, and he knew it then, he says; but yet in his statement JOHNP0PE, before the court-martial Porter said there must have been from ten to fif­ Major-General, Commanding. teen thousand men. How is it that he did not know then that there General Pope was near the· right of his line. General Ricketts was were twenty-five thousand, when he now claims that he did know with him, and kept note of the movement of troops on that day. Gen­ it? If ten thousand, he (Porter) had more men than they had, for his eral UcDowell withdrew from Porter at about 12 o'clock with his di­ morning report showed that he had thirteen thousand men for duty on vision, and he went from Bethel chapel up the Sudley Springs road the 29th. Twelve thousand five hundreG. is the estimate that is given until he struck the pike running to Groveton; he took that, and arrived by the witnesses. When he believed there were not more than ten or there and put his division in battle on the left. center. At the time fifteen thousand he would not attack. Now, the Senators who try to he was going into battle, when be reported to Pope, he (Pope) had con­ excusehim say thereweretwenty-five thousand. When did they make cluded to make a movement along the whole line and to assault the this grand disrovery? When you come to examine the reports of the enemy at every point. So he sent an order to Porter then to assault confederates showing the number of men that they had in battle that and strike the(memy on his right flank or in the rear, that he must do it day at Groveton, it turns out that Longstreet had but six thousand at once, and the men under McDowell moved forward; his whole army. men anywhere near where Porter could have got at them at all. All moved forward. It was about 6 o'clock, when it moved forward, and the reports agree in this. Wilcox, who was here on duty in the Senate, he expected Porter to do the same thing. Instead ofthat, he (Pope) had makes the same statement as to the number moved to Groveton at 4 Longstreet's whole corps, exceptJones'sdivision, inhisfrontatGroveton, o'clock. · In all the letters that they have written they do not pretend­ and Porter, lying with his arms stacked for three miles along the road, that is dodged artfully-to state where their troops were that day. never moved nor did he fire a shot. Was there any excuse for that? Six thousand men! He did not even know that. How could he They say he did not receive the order in time. When did he receive know anything about it?· He was back at Bethel chapel thew hole day, the order? He says at 6. 30. The Senator said yesterday at 6~3.0. The five miles away from the enemy. evidence, however, does not bear him out in 'that statement. 1884. CONGRESSIONAL RECORD-SENATE. 1837

I I know the fact that when a Senator makes a statement it is some­ o'clock to do it, but we could not do it. Oh, sir, it is a bandbox ol­ -times taken against the sworn testimony of the witnesses if it serves dier that must only fight by sunlight. When did Sheridan ever ask :the purpose, but it does not serve mine so well. The evidence of for daylight, if necessary to save a battle? Pope's aid who delivered that order, the evidence of the orderly who A FEW CO::!U'ARISONS, went with him, is that it could not ha>e been later than half after I should like to give a little experience here just for the benefit oft.b.e -5 o'clock when that order was delivered. The snn on the 29th day Senator. I do not know whether any of my friends on the other side :.Of August, 1862, set at 6.36, and he received the order at half past 5. were there or not. If they were, th~y left early; they will remember But suppose he did not receive it until6.30. Take that for granted for that. At the battle of Resaca General Thomas R. Woods, the brother the sake of the argument. He had then nearly two hours of daylight of Judge Woods,oftheSupreme Bench commanded a division, and Judge in which to have made his assault; and will any man tell me that Woods commanded one of his brigades. They were in my command. Longstreet was right in his front? If Longstreet was immediately in .At 9 o'clock at night at Resaca, under my orders, General Woods as­ .front Porter did not have far to go to strike the enemy, and why did he saulted the line of works of the rebels, a curtain running fl'Om the fort not do it? Why did not that soldier-whom Senators speak of as being down to the river, and took it when it was so dark that you could not -~ grand soldier-strike the enemy? It may be very well for Senators to see where the line of works was. I sat on my horse and could only ..say that he was a man of great experience; hewas a man of great gen­ tell the positioa of either side by instead of starting at 6 o'clock in the morning when he was ordered, he Mr. LOGAN. I mean the battle was still going on at 9 o'clock and did not start until9 o'clock. In all ~his case I defY any friend of Fitz­ -did not cease until that. time. I mean that McDowell's corps com­ John Porter to put his finger on one order requiring immediate action menced its battleat 6 o'clock and continued to 9 o'clock, as the reports which he obeyed. He utterly refused to obey any order given to him .on both sides show. Assault after assault was made, and yet Porter's either to move or to fight. Army Corps could not assault, but the confederates could. Longstreet's O~'E OF PORTER'S EXCUSES FOR REFUSING TO FIGHT. o00rps could assault at Gro\eton at 8 o'clock at night, moving down at 4 Suppose we take it for granted that Longstreet bad twenty-fi>e thou- 1838 CONGRESSIONAL RECORD-SENATE. MABen 13,. sand men drawn up in line right in Porter's front, what of it? Does battle, the shouts of triumph and despair, but he moved not while a man always expect to fight inferior forces? l'IIany times during the the red-throated cannon belched forth missiles of death; while mus­ late war· the confederates fought us with one-half the number we had. ketry rattled as the long-roll on a thousand drum ; while infantry as­ We fought them sometimes with one-half trhe number they had. The saulted and cavalry charged; while men fell in death's embrace and the only rule of warfare that I know is to strike the enemy where you find wounded cried for help; while the blood of his comrades flowed like· him, if your army is engaged. Tosaythatamanshallnotfight because water. While his commanding officer and his fellow-soldiers anxiously· he expects to be whipped is some~g new in military science. It is some­ listened for the sound of his gun , he lay beneath the shade of a tree, thing that I have never been taught before. Since I came to the Senate putting his orders in his pocket, without informing his officers what they I have learned that this is the idea of some gentlemen, but never dur­ directed him to do. Sir, does history record such action in any soldier· ing my little experience in the Army did I so understand it. prior to this time ? Where is the man other than Porter that ever lay Speaking of small armies assaulting great ones, the world's history with twelve thousand men who were panting to move to the aid ot isfullofsuch cases. At the battle of Marathon the Athenians, a handful comrades within two miles of a battle for nine weary hours without almost, in the afternoon assaulted the Persian hordes and drove them firing a gun or even trying to ascertain if he could be of any assistance ? · from the land, slaying six thousand of the Persians, when only about Sir, no such case can be found; and we are asked to condemn the· two hundred of the At~enians were slaughtered, owing to the impetu- court-martial that convicted him for his disobedience of orders. Was osity ofthe assault. • ever such request made by such a man? The only information sent by Now let me contrast this man's conduct on the 29th of August with him during the day to his superiors was that he was going to retire or· the conduct of an officer at the battle of Marengo. Tpere, when the retreat to 1\i..

( PORTER'S A~-nfUS TOWARD POPE. Q. Did yon, er not, after you left Warrenton .Junction and proceeded along the road ea t, issue to Major-General Porter an order in reference to the move­ Porter received his order from Pope at· about 9.30 at night. Prior ments of his troops ; and, if so, what was the character of that order? to that time he wrote a letter to General Ambrose E. Burnside of this A. I issued an order to General Porter late in the afternoon of the 27th, direct­ .character: ing him to move with his coiD:mand at 1 o'clock th~t ni~ht to the_p~~ition I then WARRENTON, 27-p. m. occupied at Kettle Run j that if Generall\forell, With hiS other d1v1sion, was not To General BURNSIDE: up to Warrenton .Junct10n when he received that order, to send back and hurry him up and to come forward himself with the troops which he had. That is 1.\Iorellleft his medicine, ammunition, and baggage at Kelly's Ford. Can you my re~embrance of the order. I gave him some further directions concerning have it hauled to Fredericksburg and stored? His wagons were all sen~ to you General Banks's movement, the substance of which I remember very well, but for grain and ammunition. I have sent back to you every?llin <;>fthe Fn;ota.nd not the precise words. Sixth New York Cavalry except what has been sent to Ga.mesv1lle. I will get Q. Will you look at this orO.er, which is dated "Headquarters Army ofVir­ them to you after a. while. Everything h ere is at s~es and sevens, ~nd .I find I ginia August 27 1862, 6.30 p.m., Bristoe Station. To 1\fajor-General F . .J. Por­ .am to take care of myself in every respect. Our line of commumcatwn has ter, Warrenton Junction," and state whether or not that is the order to which taken care of itself, in compliance with orders. The army ~ not three days' you refer in your answer? provisions. The enemy. cap~ured all Pope's and other cloth~ng; and f~om Mc­ A. That is the order I i sued. Dowell the same, includmg liquors. No gLmrds accompanymg the trams, and (The accused admitted that the order shown to witness is the order, a copy of small ones guard bridges. The wagons are rolling on, and I shall be here to­ which is set forth in the first specification of the first charge.) .morrow. Good night! Q . Will you explai... to the court the reasons for the urgency of the order, as F . .J. PORTER, Major-General. indicated by the following words of the order: " It is necessary on all accounts that you should be here by daylight. I send an officer with this dispatch, who Porter was not satiSfied with his first letter. At about 4 o'clock, will conduct you to this place? " August 27, 1863, the same day, he wrote another letter, as follows: A. General Hooker's division had had a severe fight along the railroad, com­ WARRENTOX .JUNCTION, .August 27, 1862--4 p. m. mencing some four miles west of Bristoe Station, and had succeeded in driving ·General BURNSIDE, Falmouth: the division of General Ewell back along the road, but without putting it to rout; so that at dark Ewell's forces still confronted Hooker's division along the banks I send you the last ot·der from General Pope, which indicates the future as of a small stream at Bristoe Station. .Just at dark Hooker sent me word, and well as the present. Wagons are rolling along rapidly to the rear as if a mighty General Heintzelman also reported to me, that he, Hooker was almost entirely power was propelling them. I see no cause for alarm, though I think this order out of ammunition, having but five rounds to a mao left, and that if any action JD.ay cause it. McDowell moves on Gainesville, where Sigel now is. The latter took place in the morning he would, in consequence, be without the means of got to Buckland Bridge in time to put out the fire and kick the enemy, who is making any considerable defense. As it wa-s known that .Jackson, with hi.s own pursuing his route unmolested to the Shenandoah or Loudoun County. The and the division of A. P. Hill, was at or in the vicinity ofManassas.Junction, and forces are Longstreet's, A. P. Hill's, .Jackson's, 'Vhiting's, Ewell's, and Ander­ near enough to advance to the support of Ewell, it was altogether probable that ·on's (late Huger's) divisions. Longstreet is said by a deserter to be very strong. if he should learn the weakness of our forces there he would unite and make an They have much artillery and long wagon trains. attack in the morning. It was for that purpose that 1 was so anxious that Gen­ The raid on the railroad was near Cedar Run, and made by a regiment of in­ eral Porter's corps should be present by daylight, the earliest moment at which fantry two squadrons.of cavalry, and a section of artillery. The place was it was likely the attack would be made. guard~d by nearly three regiments of infantry and some cavalry. They routed Q. What distance would General Porter have had to march to have obeyed the guard, captured a train and IDany men, destroyed _the bri~ge, and retired your orders? leisurely down the road toward Manassas. It can be easily r~p~red. N~ troops A. About nine miles. are coming up, except new troops, that I can hear of. Sturgts IS here With two Q. And within what time; from 1 o'clock until when? .regiments. Four were cutoff by the raid. The positions bf the troops are given A. He would have had until daylight. I do not remember exRCtly what time iu the order. No enemy in our Ol'iginal front. A letter of General Lee, seized daylight was; perhaps 4 o'clock, perhaps a little earlier. I directed him to move when Stuart's assistant adjutant-general was taken, directs Stuart to leave a at 1 o'clock, in order to give his command as much time to remain in their be<:Lo squadron only to watch in front of Hanover .Junction, &c. Everything has at night as possible; supposing that it would occupy him perhaps three hours to moved up north. I find a vast difference between these troops and ours. But I get upon the ground. 1 had expected him there certainly by 4 o'clock. suppose they were new, as they to-day burnt their clothes, &c., when there was Q. You had just passed over the road along which he was required by this order not the least cRuse. to march; will you state its condition? . I hear that they are much disorganized, and needed some good troops to give A. The road was in good condition everywhere. At most places along the road them heart, and I think head. We are working now to get behind Bull Run, it was a double road on each side of the railroad track. lam not sure it was a .and I presume, will be there in a few days, if strategy don't use us up. The double road all the way; a part ot; the way I know it was. strate.,.y is magnificent, and tactics in the inverse proportion. I would like some Q. Did General Porter obey t.hat order? of my"ambulances . I would like, also, to be ordered to return to Fredericks­ A. He did not. . burg and to push toward Hanover, or with a large force to strike at Orange Court Q. At what tim~ on the 28th did he arrive at Bristoe Station, the point inaicated Hou e. I wish Sumner was at Washington, and up near the 1\Ionocacy with in your order? _good batteries. I do not ~oubt the enemy have large am~unts of supi?lie.s :pro­ A. As the head of his column came to Bristoe Station I took out my watch; it vided for them, and I _beheve they have a contempt for this Army of Vugm1a. I was twenty minutes past 10 o'clock in the morning. wish myself away from it, with all our old Army of the Potomac, and so do our Q. Did he at that time, or at any time before his arrival, explain to you the rea­ -companions. son why he did not obey the order? I wa informed to-day by the best auth9rity that, in opposition to General Pope's A. He wrote me a note, which I received, I think, in the morning of the 28th; Yiews this army was pushed out to save the Army of the Potomac, an army that very early in the morning, perhaps a little before daylight. I am not quite sure -could 'take the best care of itself. Pope says he long since wanted to go behind about the time. The note I have mislaid. I can g-ive the sub tance of it. I re­ the Occoquan. I am in great need of ambulances, and the officers need medi­ member the reasons given by General Porter. lf it is necessa.ry to state them I cines which, for want of transportation, were left behind. I hear many of the cal'l do so. ick ~f my corp!" are in houses on the road very sick. I think there is no fear of The accused a ked if the witness had looked for the note. 'the enemy crossing the Rappahannock. The cavalry are all in the advance of The WITNESS. I looked for it, but have not been able to find it. the rebel army. At Kelly's and Barnett's fords much property was left, in con­ The .JUDGE-ADVOCATE. I will not pre s the question . .seq uence of the wagon~ going do.wn for grain, &c.- Ifyou ~n push up the grain The AccusED. I do not object to it. The witness says he ha-s looked for the note to-night please do so, duect to thiS place. .Th~re 1s no ~ram here ~o-day or any­ andean not find it. I only want to know when and whereheha.ssearchedfor it. where and this army is wr tche<.lly supplied m that line. Pope says he never -could get enough. Most of this is private. · By the .JUDGE-ADVOCATE : F . .J. PORTER. Q. What was the character of the night; was it starlight? But if you cau get me away, plea-se do o. 1\.fake what use of this you cho

~: £:~~nded the Army of Virginia, which, as originally constituted, con­ • ¥ * * * * -sisted of the army corps of McDowell, Banks, and Fremont. These, by the 27th Q. You mentioned that in going from Warrenton .Junction towardBristoeSta­ -of August, had been re-enforced by a portion of General Burnside's command, tion, on the morning of the 27th of August, you saw many stragglers ofHooker'tl by General Heintzelman's corps, and on the morning of the 27t)l. by a part of command on the railroad; were they, or not, in sufficient numbers to have im­ -General Porter's corps. A portion of my command also consisted of the troops peded the march of infantry along the track? under General Sturgis, which had begun to come up to Warrenton .Junction. I A. Shortly after I started east from Warrenton .Junction we came upon the was myself on the morning of the 27th at 'Varrenton Junction. The .field of railroad againjust east of Cedar ~un, and from that time until we reached Bris­ -operations of the army at that time covered the region of country between the toe Station the road was lined with stragglers from Hooker's division. Tho Warrenton turnpike and the Orange and Alexandria Railroad. • stragglers commenced singly, then two or three together, then half a dozen, un­ Q. At what time on the 27th did you leave Warrenton .Junction and in what til we had got three or four or five miles from 'Varrenton .Junction toward the -direction did you IDarch? east when they began to be in bodies of forty or fifty or one hundred together, A. I left Warrenton .Junction before midday, I think, though the precise hour mar~hin.,. along the railroad going eastward, between Wa~SJ~~~c!" :S\h'e~~~:s:J~!~n':jn~;~~~ciently n~ but during the day of the 27th of August .L directed Captain 1\forrell, of the en­ to ascertain anything about that. gineers, with a considerable force, to repair the track up to the bridge over Ket- 1884. CONGRESSIONAL RECORD-SENATE. 1841 tle Run which had 't>een burned. He reported to me, on the night of the 27th, Q. Did you remain overnight and wait until the march of General Porter's that he bad done so; so that from Warrenton Junction to the bridge over Kettle command the next day? · Run there was no obstruction on the railroad of any description. The bridge at A. !did. Kettle Run bad been burned; but a hundred yards above the bridge the road Q. At what hour, in point of fact, did he move from Warrenton Junction? crossed the creek by a ford, and from there toward Bristoe the most of the coun.­ A. I should think the head of the column left about 4 o'clock in the morniBg; try-in fact, nearly the whole of it-was open country. I am not pos~ tive about the hour. . TESTUIONY OF CAPT. DRAKE DE KAY-OPERATIONS ON AUGUST 27-29. Q. At what rate did the command march after it left Warrenton Junction? A. I could not say at what rate. We started at or about4o'clock ig the morn­ I now give the testimony of Captain De Kay, on page 43 of the gen­ ing, and marched along quietly, without any apparent baste, meeting with no obstruction or detention, except that arising from the wagons we found in the eral court-martial record: road. The head of the column arrived at Bristoe Station about 10 o'clock, I Capt. Drake De Kay was then call~d by th~ Government, sworn and exam­ should judge. ined, as follows: Q . At what point did you overtake the wagons, and how many of them do yon By the JUDGE-ADVOCATE: suppose there were? A. I do not recollect. There w as a large park of wagons near Warrenton J unc­ Q. Will you state what position you hold in the military service? tion-about half way between CaUett Station and Warrenton Junction-which A. First lieutenant, of the Fourteenth Infantry. left for Bristoe Station at daylight. We overtook those wagons. They were in Q. What position did you hold during the campaign of the Army of Virginia park when I passed down to Warrenton Junction the pr<"vious evening; there­ nuder the command of General Pope? · fore I can not tell when we overtook theendofthetrain whichihadpassednear A. Aid-de-camp to General Pope. Catlett Station the evening before. Q . Did you, or not, on the 27th of August last, bear a written order from Major­ Q. What is the meaning of the term "in park?'' General Pope to Major-General Porter, who was then, I believe, at Warrenton A. Incamp. Junction? Q. Had General Porter's command marched at !o'clock in the morning would A. Idid. he or would he not hn.ve passed those wagons iu camp? Q. Do you remember distinctly the character of that order, and would you be A. He would have passed them in camp, probably. able to recognize it again upon having it read to you? Q . Was or was not the march throughout at the usual rate at which troop A. I did not read it. move, or was it slower? Q. Did you, or not, after its delivery to General Porter, learn from him its A. It was at the rate at which troops would move if there was no necessity for character? rapid movemeut. A. I was aware of its character by word of mouth, either from General Pope or from his chief of staff. TESTIMONY OF COL. FRED'KRIC MYERS, AUGUST Z7. Q. Will yon state its character as you understood it? A. That he was to proceed at 1 o'clock U1at night to mo~·e up to Bristoe Station Col. Frederic :Myers, of the Quartermaster's Department, who is now with his command. dead, testifies (general court-martial record, page 106) : Q. Do you mean at 1 o'clock on the morning of the 28th of August':' A. Ye.s,sir. Lieut. Col. Frederic :Myers was then called by the Government, and sworn Q. At what hour of the 27th of August did you deliver this order to General and examined, as follows: Porter? By the JUDGE-ADvocATE: A. Between 9 o'clock and half past 9 p. m.; I think about half past 9; I could Q. Will you state to the court in what capacity you sen-ed in the Army of Vir­ not ,say within half an hour. . ginia, under Major-General Pope, during his late campaign, in July and August (., lia,d you any conversation with General Porter at the time in relation to last? tl1e order or the execution of the order by him Y A. I was chief quartermaster to General :McDowell. A. Yes, sir; some conversation. Q. Where were you on the night of the 27th of August last l' Q. Will you please state i~ as far as you can recall it? A. I was with the trains of the army, about a. mile and a half from where Gen· A. I arrived, ns I have satd, about half past !J o'clock, at his tent, and found eral Hooker had his battle on the 27th. General Porter and two or three generals there-General Sykes and Geaeral Morell, and, I think, General Butterfield, though I am not sure whether he came He was with the trains about a mile and a half from where General in afterward or not. I bartded General Porter the order, which he read and then Hooker had the battle of the 27th. General Hooker's battJe on the 27th handed to one of the generals, saying as he did so, "Gentlemen, there is some­ thing for you to sleep upon." I then said that the last thing that General Pope was at Bristoe Station, where these troops were to be marched that night. said t.o me on leaving Bristoe Station was that I should remain with General Q. Did you, or not, receive any instruct-ion from ~neral Pope on that day re· Porter and guide the column to Bristoe Station, leaving at 1 o'clock, and that lating to your train along the road from Warrenton Junction to Bristoe Station 'f -General Pope expected him certainly to be thet'e by daylight, or relied upon his If so, state what they were. . being there· by daylight j something of that nature; those may not be the exact A. I was ordered to move the trains in rear of General Hooker. Just before wm ds; I only give to tne best of my recollection, of course. General Porter dark General Pope with his staff rode up, and I reported to him that General then asked me how the road was. I told him that the road was good, though I Hooker was in action ahead of me, and asked.him if I should go into park with had bad difficulty in getting down on horseback, owing to the number of wagons my trains. He replied that I could do so or go on, as I thought best. in the road; but I told him I had passed the last wagon a little beyond Catlett t Q. What did you do; did you go into park or did you continue on? Station from this direction. I told him that as they were moving slowly he A. I went into park, and gave directions to all the quartermasters to go into would probably be up with them by daylight. I also stated to him that his in­ park. · fantry could take the railroad track, as many small squads of men had gone up Q,. At what hour on the following morning were those trains upon that road that way. These small squads, I would state here, though I did not state that put in motion? to General Porter, were stragglers from Hooker's corps; I should think some A. The head of the train commenced moving just at daylight. six or eight hundred of them, which we passed in gomg down to Bristoe Sta­ Q. What was the condition of tbe road between Warrenton Junction and Bris­ tion; they all took the railroad tr<~.ck as the shortest and easiest road. toe Station at that time, so far as regards the passage of wagons, artillery, &c.? Q. What remark, if any, did General Porter make, either to you or to the gen­ A. It was in excellent condition at that time. -erals with him, in reply to your statement in reference to the road and the expec­ Q: Do you remember the chllracter of that nigh~the night of the 27th of Au­ tation of General Pope? gu t? If so, will you please state it? A. He stated-! do not think to me; he spoke generally to all who were in the A. I was up nearly all that night. It was quite dark; there was nQ moon. tent-that his troop~ ho.d just got into camp; that they bad been marched hard Q. Did the night change in its character toward the morning or was it the that day; that they would be good for nothing if they were started at that time same throughout? of night; that if their rest was broken they would be good for nothing in the A. It was a dark night. I could not state about it toward morning particularly. morning on coming up with the enemy. Q.. In view of the condition of the road as you have described it, and also the Q. Did you, or not, make known to him that you were there for the purpose of character of the night, was or was not the movement of troops along that road eonducting him under the order of General Pope? practicable that night? A. !did. A. I do not know of anything to hinder troops moving along the railroad there. Q. Did he, or not, at the moment, announce any pttrpose either to obey the There was a road running each side of the railroad. I shoulrl think it would hav6 -order or not to do so? been easy for troops to move along there, although I may be mistaken in that. A. I do not recollect precisely. Q. From the remarks made by General Porter in your hearing, in reply to FRANCIS S. EARL'S TESTIMONY AS ASSISTANT ADJUTANT-GENERAL, AUGUST Zl-28. . these statements of yours, was or was not the impression made upon your mind Francis S. Earl, the assistant adjutant-general of General 1\Iorell, that it was not his purpose to march in obedience to his order? (Question objected to by the accused. swears as follows (board record, pages 408-413): The judge-advocate stated that he merely wished to arrive at the fact whether Q.. When diu you, as acting assistant adjutant-general for Major-General there was any determination made known to the witness in regard to this order Morell, on the 27th of August, first receive intimation that you were to move in any way; he was not particular as to the form of the question to be asked. the next morning? The accused withdrew his objection.) A. That was the day we moved to Warrenton Junction; I knew nothing of A. There was no order issued to my knowled~e, of course, one way or the it until the next morning. · .other. That would bave been done through General Porter's assistant adjutant­ Q. About daybreak? _general. I can only say that! was aware of the determination not to startuntH A. The order camo to General Morell tbat we were to move in the morning~ daylight, inasmuch as I laid down and wept to sleep. that was all I kQ.ew-that we were to move in the morning. Q. Do I or do I not understand you, t!o:en, to say that there was an evident Q. When did you receive the first intimation that you were to move on the -determination on the part of General Porter not to march uatil daylight? morning of the 28th? A. There was. A. I could not say whether it was the night before or whether it was during Q. Have you any knowledge as to the time at which his troops had arrived at the night. I think it must have been before, because I knew we were to move Warrenton Junction? at 3 o'clock in the morning. A. Only the fact that the regulars-Sykes's division-were in camp at Warren­ Q. Were you up at 3 o'clock? t<>n Junction at about 10 o'clock in tbe morning of that day, which fact I am A. Yes; I was up at that time, and before, probably. .aware of from having visited several officers of my regiment in their camp. Q. You are quite positive you were? Q. These regulars were a portion of General Porter's command, were they A. Yes, sir. not? Q. Have a dis,inct recollection of it? A. Yes, sir. Q. Yes; I recollect being up at that time. Q. Have you any knowledge how far the troops under General Porter had Q. At what time did you arrive at Bristoe Station\' marched on that day ? A. I should judge omewhere about 10 o'clock, between 9 and 10. A. 1 have not. Q. Do you know of any orders having been given the night before or any effort Q. What was the character of t-he night of the 27th of August? made to clear that road from Warrenton Junction to Bristoe Station? A. To the best of my recollection it was a cloudy night, but not rainy. A. No, sir. Q. What was about the distance between ·warrenton Junction and Bristoe Sta­ Q: From your position, would you have been likely to have known? tion? A. 1f I had really been acting as assistant adjutant-general of division, or A. I supposed it to be ten miles; they say nine miles. feeling that I was in that position, I probably may have known of it. Q . .What was the distance from Bristoe Station to Catlett Station, where you Q.. You considered you were acting in that capacity? . passed the last of the wagons? . A. I con11idered myself more acting as an aid to General Morell, because I had A. I can not tell you exactly; six miles, I should think. not been announced us assistant adjutant-general. Q,. .At what hour did you pass the last of those wagons? Q. Who was acting a.s assistant adjutant-general? ~- Half past 8 p.m., 1 should think.. A. Nobody but myself; he so considered me, though I had not been announced. XV--116 J 1842 CONGRESSIONAL RECORD- SENATE. MARCH 13,

E'\""IDEXCE OF GENERAL CHAUNCEY M'KEEVER, AUGUST 27-28. EVIDENCE OF WILLIAM W. lllACY, AUGUST 27. General Chauncey McKeever, chief of staff of General Heintzelman, In the board record, page 583, will be found the evidence of William on page 151 of the board record, as it is called. W. l\Iacy: · General McKeever sa-ys : William W. :\Lacy, called by the recorder, being duly worn. testified as fol­ Q. If a peremptory order had been received at Warrenton Junction to move lows: from that place to Bristoe at 1 a.m. on the night of the 27th and 28th of August, Direct examination: is it your opinion, as a military man, that the troops at-'Varrenton could have Q. Where do you reside? been put in motion on the road to Bristoe in order to comply with such a com­ A. Winchester, Ind. mand? Q. Were you in tbemilita.rysen·ice of the United Stat-es in August,l862; if so,.. A. They could have been put in motion, I presume. I know nothing to pre­ in what capacity? vent their being put in motion. A. I was in the military serv;ce at that time; a sergeant, I believe. Q. Do you recollect about what time it was daylight on the 28th of August? Q. What regiment? A. I should think about 4 o'clock; maybe a little latet·-not much. A. N'ineteeuth Indiana Volunteers, Gibbon's brigade, King's division. OOL. ROBERT E. CLARY TESTIFIES, AUGUST 27. Q . 'Vhen you finally left the service, what rank did you hold? A. I held the rank of captain, A Company, Twentieth Indiana, our t·egiment. Col. Robert E. Clary, called by accused, swe.:'hl.'S that he received a having become con olidated. note from Porter about 10 o'clock to run the railroad trains east beyond Q. 'Vherewere you on the 27th of August, 1862? A. With Gibbon's brigade, on the march mostofthe day from Sulphur Springs- Cedar Run; and in answer to question says, page 119, G. C. U. (court- toward the old Bull Run battle-ground. ' martial record, page 118): . Q. How long did your brigade continue its march that day ? Q. You speak of pushing forward the trains. Do you mean the trains upon A. About 10 o'clock, I think, or half past 10 that night. the railroad or ordinary \vagon trains? Q. You then~j.rrived at what place, as near as you can recollect? A. I mean railroad trains, loaded with our own stores, and I think some sick A. I think it was called New Baltimore. We laid near a little town. ~nd wounded. Q . What was the character of that night-the night of the 27th and 28th of· Q. In your opinion, could or could not General Porter, after the receipt of his August? order to move, which receipt was at 9.30 p.m. of the 27th of August, have cleared A. Rather a dark night; starlight dark night. the road entirely of wagons by 1 or 2 o'clock that night, so that his march would Q. Do you know what the character of that night was toward morning'.' not have been much impeded? - A. I am a little indistinct as to just the time. I wa.s up at some time in the· A. I think the troops could have passed over during the night had a sufficient afterpart of the night. force been sent in advance·to have cleared the road of its obstructio:.1s, whi-ch, Q. Once, or more than once? at the time I passed over it, extended only three miles, I think. When I passed A. Once that I recollect ''ery distinctly, and I think only once. over the road it was between 2 and 3 o'clock in the morning; what the obstruc­ Q . What was the character of the night then, so far as distinguishing objects? Hons had been previously to that time I am unable to say. A. I could see how to get a little way from the camp. I could see where the- The examination by the judge-advocate here closed. men laid as I went past the line where the soldiers were lying without running. over them. Examination by the CoURT : Q. How far could you see? Q. Will you state whether at 1 o'clock the character of the night and the state A... I do not know that I could state how far I could see to distinguish things. of the. road were such as, in your judgment, to render practicable the march of I could see when I pa..:-sed the wagon tt;ains enough to stay away from the horses' General Port-er's troops to Bristoe Station to arrive at or about daylight? heels. I could see that the wagon teams were hitc,1ed up. A. Not without the preliminary steps which I have previously stated ought to Q. In marching that night up to 10 o'clock, what difficulty, if any, did you ex- have been taken. • perience on a-ccount of the character of the darkness of the night? · · Q. Were or were not the first three or four miles of the road from Warrenton A. Most too dark to march pleasantly. w·e marched many nights as dark, unob tructed? though; some nights that were a good deal darker than it was that night we· A. They were, as I passed over it. were on the march; but of course it is unplea...~nt marching after night. TESTIMO~Y OF SOLOMOY THO)lAS, AUGUST 2;-28. Q. Your regiment, in the march, how was it as to keeping its formation? A. Could keep the ranks, a-s far as that was concerned. Solomon Thomas, of the Eighteenth l\fassachusetts Regiment, Mar­ Q. What was the character of tl1e roads, as to whether muddy or the reverse .. tindale's brigade, heing a part of Morell's division, swears, on page 841 on the night of the 27th of Augu t? of the board record, a..c; follows: A. Thev were not muddy unless we ran into a branch. Q. · On the z;th of August where were you? · . L1£UT. EDWARD BROOKS TESTIFIES, AUGU T z;. A. We were moving on the '\Varrenton road to,vard BristoeStation. I should Lieut. Edward Brooks called by the Government, and sworn ancl ex­ think th:ott we were encamped on that night some six to eight miles from Bris­ toe Station. We went in before sundown: probably the sun was an hour or an amined,as follows (general court-martial :record, page 112): hour a-nd a half high when we halted there. By the JUDGE-ADvocATE: Q. When did you move from there? · Q. What is your position in the military service? A. I was corporal of the gua.rd that night, and was ordered to wake the men A . I am a first lieutenant of volunteers in thE' Sixth Wisconsin Regiment. at 1 9'clock, which I did; and we were formed and moved out from our camp Q. State t{) the court, ifyou please, whether or not you were serving with the· immediately after 1 o'clock. Army of Virginia on or about the 27th of August last. Q. At what time did you sta,rt on your march? A . I was. A. 'V'e t.ben sta.tted immediately from that, and marched n. mile probably, Q;. In what place occupied by that army were you ou the night of the 27th of· when we were halted. August? Q. How long did you remain tl..tere before you proceeded on your journey? .A. I was at Bri!'toe Station and at G reenwich. A. I know at 9 o'clock we were still there. \Ve had halted in the first pla-ce . Q . Do you remember the character of the night; if so, will you state whether expecting to stop for a moment, and halted in position. 'I' hen we were ordered 1t was of usual or unusual darkness? to rest at will, and did so, and then were ordered to lie down, and then we by d o wn. th!·;:!od'::S not very dark; not so dark but-what I could find my way through. Q. That was th~ morning of the 28th? Q. Was or was not the night of such a character a to offer any umL'mal difficul­ A. Yes, sir; and lay in that position, as we felt disposed, until, I should think­ ties to the march of troops? according to the best of my judgment it was 10 o'clock before we were called to A. It was not. · company. Then we started and marched for Bristoe Station. . Q. What was the general condition of the road from Warrenton Junction in Q. Do you recollect what the character of that night was, the 27th, and mor n­ the direction of :Manassas Junction? ing of the 28th of August? A. It was very good. A. I do. I r€'collect the roads were in good condition and that as we moved Q. Did you have full opportunities of ascertaining the condit-ion of that road on. out there was no obstruction whatever in our way. the night of the 27th of August? Q. You were wounded on the 30th? A. Yes, sir. A. On the 31st. Q. Wbat O{tportunities did y ou have? T~""TfXONY OF GE!\~RAL BUTTERFIELD, AUGUST 27. A. I t raveled from beyond Warrenton to Warrenton Junction, from Wart'enlo Junction to Bristoe Station; and after arriving at Bristoe Station I went across­ Extract from General Butterfield's testimony (court-martial record, the country to Greenwich. page 179): Q. Have you, or not, frequently passed over the road? General Porter called two aids, and sent them off to investigate the condition A. Very often. of t.he road and to ask General Pope to huve the road cleared so that we could TESTIXONY OF COL. THOMAS F. M'COY, ACG'GE'l' 27. come up. PORTER ASKS POPE TO HAVE THE ROAD CLEARED. Board record, page 640: Q. Did you see the order of the 27th from General Pope or know anything . Col. Thoma!? F . IcCoy, -t.led by the recorder, being duly swol'n, was exam­ about the urgency of its terms? med, and testified as follows: A. I did not read it. Q. Did you learn of Capt. Drake De K .n.y that General Pope habrevet brigadier-general? the road was all cleared; and can you state that the wagons t.hat obstructed the A. Yes, sir. road when you passed ha any unusual difficulties STATEME..~ OF OOLO= BUCHA..~AY, AUGUST 27. growing o ut of the character of the night? A. No, sir. Colonel Bnch:wan, ofthe Third Indiana Cavalry, on page 603 of the- 1884. CONGRESSIONAL RECORD-SENATE. l843 board record, in reference to Porter's movement from Warrenton Junc­ A. 'Ve started from Sulphur Springs near noon and marched north through Warrenton, going through there about 3 or 4 o 'clock and on north toward the tion to Bristoe, testifies as follows: Bull Run battle-grounc!. · Q. What conversation had you with General Porter before he started off t.o Q. At what time did your regiment halt? Bristoe Station? A. We marched quite a time after 9. A. On the evening before he started somebody gave me an order to be in readi­ Q. Where was the rest of the brigade? ness to move at 3 o'clock in the morning. I was in front of General Porter's A. The whole brigade was together. headquarters at 3 o'clock in the morning, but 1 saw no one nntil after the break Q. Where was the res t of the division? of day. Then some one came to me and told me to let the men get t.heir break­ A. I took a great interest in the history of the movement of troop . and that fasts and let their horses be fed . That was done, and I immediately went back day we were understood to be going into battle ; I don't positively recollect to the place I occupied. Some time afterward, after sunrise, I saw General whether the whole of the division went. into camp or not·; I know the next. day Porter. I wanted to go back to Fredericksburg to my regiment. I only had we were not together all the time. -about ninety men with me, and I expected to go back the day before. I rode out Q. In marching during that evening, what difficulty, if any, did you expe- wilh him in tbe woods, where he was in camp, until we got into an open field. rience in getting along? He asked me to send u. detachment of the command I had forward to clear the A. None, partieularly. road toward Bristoe Station two or three miles. This was done. I waited some Q. Did you keep to the road? little time, and the infantry began to move. About that time he handed mea A. Ma inly w e did, though sometimes we didn' t. letter, and directed me to give it to General Burnside, and told me I could go. Q. Do you recollect \vhat the character of the night w as on the 27th of August, I started toward Fredericksburg; he sent an aid after me and brought me back, 1862. and told me he was apprehensive that I might be captured. He told me t.o say A. My r ecollection is that from, say, St.o 10 o'clock, it was maybe toward from to General Burnside-! can not get his language-but the idea was that t.here 8 to 11, it was not so light as after-Ward. was no disaster that was very threatening as yet, and he hoped for the best. TESTIMONY OF WILLIAM BJRXEY, AUGGST :!7. EVIDdCE OF WILLIAM E. MURRAY, Ati-GV'ST 27-28. Board record, page 586: Board record, page 683: William E. :!llurray, called by the recorder, be ing duly sworn, te tified a5 fol­ \Villiam Birney called by the recorder, be ing duly s worn, testified as follows: lows: Direct examination : Direct examination : Q. Where do you reside? Q. Where do you re ide? A. 'Vashingt.on city. A. Winchester, Ind. Q. In the month of August, 1862, what rank did you hold in the service of the Q. Were you in the military ervice of the United States in the month of Au- United States? . gust, 1862; if so, in what capacity? A. I was major of the Fourth New Jersey Regiment; [commanded the Fifty- A. Yes; I was a member of Company C, ~ineteentb Indiana Volunteers. seventh P ennsylvania. Q. In whose brigade and division? Q. You finally left the se t·vice with what rank? A. Gibbon's brigade, King's division. A. Brevet major-general. Q. WheN were you on the night of August 27, 1862; Q. Early that month I believe you w e re taken prisonet·? A. The night of the 27th our regiment was encamped near ~ew Baltimore; a A. No, sir; I was taken prisoner at Ga ines's 1\Iill. little t.o the north, I think, of New Baltimore; that i, we stopped there about Q. 'Vhen did you assume command of the Fifty-seventh Pennsylvania.? 10 o'clock, perhaps. A. Immediately after my exchange. If my memory serves me, I was ex- Q. How long h(l.d you been marching before you m(\.de that halt on that day changed on the 13th of August and took command about the 15th. of t.be 27th ? Q. In whose division were you then? A . We had been marching, I think, most of the day; not continuously, but A.. Commanding the Fifty-seventh; I was in Kearny's, Heintzelman's corps. back and forth. Q. 'Vhere w e re you on the night of August 27, 1862, and the morning of the Q. From sunset, how much of that time had you been marching up to 10 28th? o'clock? A. I was in camp, a little north of the Alexandria railroad. A. I am unable to state the distance. Q. Did you march any that night; if so, when, and for what length of time? Q.. Were you marching during that time? - A. We marched that night, but the exact hour of starting I can not recollect. A. We were moving most of the time. v-.re marched some time before daybreak and in the direction of Bristoe Station. Q. Did you keep to the road, or in the fields, or both? Q. How many hours is it your recollection, a.bout, that you marched ? A. Generally to the road, except where we would meet ob truct,ion in the A. I can not now say. I recollect mat·ching some distance. way of cavalry or artillery; kept mainly in the roads. Q. 'Vhat difficulty, if any, did you experience in marching that night, from Q~ How was it after dark? the character of the :aight or the character of the roads ? A. Much the same. A. I recollect no particular difficulty about the road. Q. Do you recollect the character of the roads at that time, as to whether they Q. Were you then in command of the Fifty-seventh Pennsyh·ania ? were dry or muddy? A. I was. A. I don' t remember any mud; I think they were generally dry. Q. Did the entire brigade march with you . Q. Do you recall what the character of the night oft he 27th of Augu t wf\s? A. Yes, sir. A . There was no moon, according to my recollection, but it was clear; we Q. Do you recollect about what time you came to a halt? could see objects plain enough. A. I can not remember whether we b(\.lted before we got to B1·istoe tat ion or Q. Atagreat di tance? not. We gott.o Bristoe Station at a very early hour. A. A rod or so. EVIDEYCE OF JOHN P. TAYLOR, AUGUST '.r;. Q. How much of that night were you up after coming t.o a halt at 10 o'clock? A. I should think thn.t I did not lie down till near midnight. Board record, page 861: Q. Up to t.hat time do you recollect what the character of the night was, as far as distinguishing objects was concerned? John P. Taylor, called by the recorder, having affirmed, testified as follows: A. My recollection is that it was the usual starlight night. Direct. examination: Q. Up t.o that time, during that night, what difficulty, if any, did you experi- Q. Where do you live ? ence in marching? . A. Reedsville, Pa. •li. I-,.O partictl'!ardifficulty. Q. Were you in the military service of the United States in the month of Q. How was the regiment, so far as its formation was concerned, on that march August, 1862; if so, in what capacity? after sunset. · A. I was captain oftbe First Pennsylvania Cavalry at that time. A. I think they kept their formation about as well as usual. * * * * ~ * * WILLIAM M. CAMPBELL TESTIFlEe, AUGUST 27. Q. Have you ever been over the road from Warrenton Junctiou to Bri toe Station? Board record, page 591: A. Y es; quite frequently. William :\'I. Campbell, called by the recorder, was sworn and examined, as Q. What was the character of that road from \Varrenton Jtmction to Catlett follows: in 186.2? Direct exa.nination: _ A. ltis on tbeleftsideoftheroadfrom Warrenton Junction to Catlett. There is a stream that passes bet ween Warrenton J unct.ion and Catlett I t.hink at a dis- Q. State your residence. tance not to exceed a mile. ' ~ Ire ide in Randolph County, Indiana. 1\fr. BIJLLITT. Had the witne been over this road frequently before that ? Q. During the month of August, 1862, were you in the military service? Ifso, A. Yes; I encamped at Catlett in the spring of 1862 for some three weeks in what capacity? immediately after the enemy vaea.ted Manassas. We were there three weeks A. I was in the military service, and in the Nineteenth Regiment of Indiana befm-e the advance moved to Fredericksburg. Volunteers, Gibbon's brigade, King's division. Q. Go on and describe the character of the road a s it then was from Warren­ Q. Where were you on the evenin~ of August 27,1862? ton Junction to CRtlett Station. A. We were marching from the direction of Warrenton to Centreville, on a A. There is a stream passes down between "\-Varrenton Junction and Catlett road that Jed in that direction, as far as I knew. and a railroad bridge crosses there, and some trestle-work but above the brid"'e Q. On what is called the Warrenton, Gainesville and Centreville pike? it is almost level country for some miles west. At that ~e there was a strip~f A. I think that was it; that is my recollection of it. woods that came down near Catlet~ nanow strip of woods. We had moved Q. How late did you march? all over that ground for a. mile west of t be r a ilroad. . A. We marched until nfter night. I could not state how late it was because I Q. Then '?oming from Catlett to Bristoe, who.t was the character of the road? did not haYe any timepiece. It was after night when we stopped. ' A. That 1s n early a vast plain most o£. the way. There are two streams I * 8 • * • • • t~ink.---:sJ?all ra vines-but t~1e country is a vast plain.. General Gregg mov~d Q. 'Vhat was the characteroftbe night ? h1s diVISIOn of cavalry a mtle to the nortb of t.he railroad, in the night. ft·om A. It was an ordinary ni~bt, without moonlight; that is my recollection about Bealeton to Auburn, about two or three miles north of Catlett. it; nothing extraordinary In any way; only an ordinary night, such a.swe had a Q. Across the country. good many of in Virginia about those times. A. Yes; across the country about a mile , where there was no road. Q. How far could you distinguishobject.'S? . Q. At tllat time could wagons go on each side of the road? A. We marched our regiments in companies, and got along without any diffi­ A. 'fhere were roads some distance t.bere on each side of the railron.u, and culty thR t I recollect of. How far we could see I could not say. wagous and troops moved frequently in column. J. H. STINE EXAMINED, AUGUST 27. Q. More thrm one road ? A. Oh, yes ; tlJe troops bad made roads. Sometimes one road would get bn.d, Board record page 597: and they would go olf and make another roa d. The country was such they J . H . Stine, called by the recorder, being duly sworn, testifies as follows: could h ave one almo t any place. Direct examination : By 1\Ir. Bl1LLITT : Q,. Where do you reside? Q. 'Vere there any woods along the line of that 1·oad from W a rrenton Junc- A. I r~ide at Winchester, Randolph County, Indiana. tion to Bristoe Station? Q. Durmg the month of August1 1862, were you in the military service of the A. 'l'here is a strip of woods that comes down at Catlett or near Catlett. United States? If so, in what regtment? Q. 1s that the only one? A .. I was in Company C, Nineteenth Indiana. Volunteers. A. There may have been others. Q. Where were you on the afternoon, evening, and night of the 27th of Au­ whether you know there were no others, &"Ust, 1862? or

A . I don't recollect any woods, that is to any distance ; I know there was on I. H. DUVAL TESTIFIES, AUGUST Zi. the right. Q. Do you recollect whether there were any roads at that time that had been Board record, page 820: made by the army cutting through the woods and leaving stumps in the road? I. H. Duval, called by the recorder, being duly sworn, t-estified as follow.~t: A. No, sir. Q. Where do you reside? Q. Do you recollect anything of that sort? A. Wellsborough, W.Va. .A. There were roads there in the spring of1862 that the enemy had used dur­ Q. 'Vere you in the military service of the United States in the month of August, ing the winter of 1861-'62; fencing and everything was gone; it was an open 1862; if so, in what capacity? country from Manassas to Warrenton Junction. A . I was major of volunteers, First West Virginia Regiment. Q. Then it was an open country all the way from Manassas to Bristoe, was it? Q. Whose brigade and division? A. Very nearly. A. I was in the fourth brigade, Ricketts's division. Q. Where were you on the evening of August 27,1862, and what did you do r STATEMENT OF SAMUEL G. HILL, AUGUST 27-28. A. On the evening of August 27 I was with my brigade. We were about four Board record,· page 589: miles, I think, northwest of Warrenton at that time-north or northwest-and I was directed by my colonel to carry a letter that he banded me from General Samuel G. Hill, called by the recorder, beirig duly sworn, testified as follows: Ricketts to General Pope. Direct examination: Q. To wlul.t point? • Q.. Where do you reside? A. It. was supposed to be somewhere near Centreville. That was my order A. Arbor, Ind. Q. What did you then do? Q. Were you in the military service of the United States during the month of A. I started and made the trip and delivered the letter. August, 1862? Q. You left the camp about what time ? A. Yes; I was aprivat.e in the Nineteenth Indiana, Company C. A. Nearly dark; it was after sundown. Q. Gibbon's brigade, King's division? Q . What road did you take? A. Yes, sir. . A. I came back to Warrenton, and I followed then the road running uom Q. Where were you on the afternoon of August 27, 1862? Warrenton in the direction of Catlett Station. I was directed to go thaL way and A. On the road from 'Varrenton to Gainesville. keep out of the wa y of the enemy. Q. How late were you marching? Q. Did you pass through Warrenton Junction? A. We were marching until10 o'clock at night. A. N:o, sir; I struck the road at Catlett. Q. Do you recollect what the character of the night was'r Q. What direction did you then take? A. It was a clear night. A. I took the roa d leading from Catlett Station to Mana.ssas Junction, by the Q. How much of that night did you have n.n opportunity of noticing! way of Bristoe. A. Until probably 3 o'clock of the morning of the 28th. Q. Where did you find General Pope? A. I found General Pope near 1\'L'l.na.ss..'\S Junction. SOLOMON THOMAS TESTIFIES, AUGUST 27-28. Q. What was the character of that night! A. I don't know that I recollect distinctly in regard to that.. I rode all nig'bt, Board record, page 803: though, until abo,ut3 o'clock in the morning, when I took a little rest. I had no Solomon Thomas, of Morell's division, Porter's corps, called by the recorder, particular difficulty in finding the way. being duly sworn, testified as follows: Q. From Catlett St.'\tion to Bristoe did you meet with a ny obstruction to your * . * * * * movements? Q. On the 27th of August where were you? A . There were a ~reat many wagons along the line; there were some troops; A. \Ye were moving along the Warrenton road toward Bristoe Station. I but I went along w1thout o.ny pn.rticular obst.ruction. There were no obstacles should think that we w e re encamped on t.hat night some six to eight miles from that kept me from going. Bristoe Station. We went in before sundown; probably the sun was an hour or Q. Did you have any escort with you? an hour and a half high when we halted there. A. No, sir. Q. 'Vhen did you move from there ? TESTIMONY OF MAJOR DUVALL, AUGUST 27. A. I was corporal of the guard that. night, and was ordered to wake the men at 1 o'clock, which I did, and we were formed and moved out from our camp im- Major Duvall also testifies that he traveled eighteen or t"';enty miles mediately after 1 o'clock. · that night. Q. At what time did you start on your march? Boa.rd record, pa.gc 832, paragraph 875: A. 'Ve then started immediately from that and marched a mile, probably, when we were halted. JAJIIES HADDOW TESTIFIES, AUGUST '1:7 . Q. IIow long did you remain t.b e re before you proceeded on your journey? James Haddow, called by the reoorder, being duly sworn, testifiedns follows: A. I know at 9 o 'clock we were still there. We had halted in the first pla.oo Direct examination: · expecting to stop for a momentt and halted in position. Then we were ordered Q. Where do you reside? to rest at will, and did so, and tnen were ordered to lie down, and then we lay A. Barlow, Ohio. down. Q. Were you in the military service of the United States on the 27th of .August, Q. That was the morning of the 28th? 1862; if so, in what capacity? A. Yes, sir; and lay in that position, as we felt disposed, until, I should think­ A. I was in the military service a.s orderly sergeant of Company F, '.a.'hirty- according to the best of my judgment it was 10 o'clock before we were called sixth Ohio Infantry. to company. Then we tarted and marched for Bristoe Station. Q . When you finally left; the service what rank did you bold? Q. Do you recollect what the character of that night was, the 27th, and morn­ A. Captain. I was transferred to Company E. ing o f the 28th of Augu t? Q. Where were you nt sun..<>et on the 27th of August, 186.. ; about that time! A. I do. I recollect the roads were in good condition, and that ns we moyed A. We were on the road between Catlett Station and Bristoe. out there was no obstruction whatever in our way. Q. Did you after thn.t go toward Catlett Station ; if so, at what time and under Q. You were wounded on the 30th? what circumstances? A. On the 31st. A. We marched that night to Bristoe, arriving at Bristoe Station after dark TESTIMO rY OF E. D. :&OATH, AUGUST 27. some time ; we remained there that night; on the following morning the regi­ E. D . Roath, called by the recorder , being duly sworn, testified as follows: ment went on in the direction of Manassas; the company of which I was a mem­ ber was detached and put in charge of a major of the medical department to go Direct examina.tion : back in thedirect.ien of Warrenton with ambulances and obtain medical supplies; Q. 'Vhere do you reside? we returned to some where nearWn.rrenton, passing Catlett Station at some dis­ A.. Marietta, Lancaster County, Pennsylvania.. tance on the morning of the 28th; we returned to Bristoe on the evening of the Q. 'Vere you in the military service of the United States in August, 1862 ? If 28th. so, in wha t capacity? · Q . At what time did you set out from Bristoe Station to go in the direction of A. I was in the military service of the United States in 1862, as captain of Com­ Catlett Station ? • pany E, One hundred and seventh Regiment Pennsylvania. Volunteers, Dur­ A. I could not give the hour, but pretty early in the morning-as soon as we yea's brigade, Ricketts's didsion. got up and got breakfast. Q. You finally left the ervice with wlmt rank? Q. Did you during t.hat day see General P orter's corps? A. Captain, and was brevetted. A. We met troops (it wM n. frequent habit to ask soldiers what troops they Q. On the night of Augu t 27, 1852, where were you? were), and they said they were GenerAJ. Porter's troops. Porter's troops lay at A. 'Ve were somewhere. I think, between Warrenton and a placecnlled Water­ Warrenton Junction on the afternoon of the 27th, when we left there. loo; somewhere in the neighborhood of 'Vanenton. Q. What difficulty, if any, did you experience on the morning of the 28th in Q . Did you mn.ke a night march thnt night? taking this ambulance train from Bristoe Station to Catlett Station? A. \Ve marched some ; we were going from toward the Rappahannock twross A. I don't think we had any material difficulty in getting througll; we must there. have had at least three ambulances; we passed through trains and nassed troop ; Q . How late did you march? we must undoubtedly have made a march that day of sixteen nnles; we could A . I can not tell exaetly what time we bivouacked. I know that we were all not have met with serious obstructions. tired. Q. Doyou know what troops you met? Q. H a ve you any recollection with reference to midnight ns to what time you A .. They said they were General Porter's; we inquired frequently; of course came into camp ? I was not acquainted with General Porter's corps; we had just reached the East A. I could not tell, but I think it was somewhere near midnight; might have from the West, and nil troops were strange to me. been 11 o'clock. Q. On the morning of the 29th where were you? Q. Do you recollect whether you experienced any difficulty in marching? A. After taking supper on the evening of the 28th, at Bristoe Station, some A. No, sir; we did not. · timeafterdark, we commenced marchingagain and marched to Manassas Junc­ Q . What was the character of the night as to darkness? tion, reaching there some time during the night; I don't know what hour; so A . There was no moon; it was starlight; alittlehazytowardmorning, I think. early in the night that we lay down and slept, however, and on the morning of the 29th we were at Manassas Junction. GENERAL JUBAL EARLY TESTIFIES, AUGl!ST 27. GeneralJubalEarly, confederate, testifies(boardrecord., page812)that Board record, page 834, paragraph 878: he marched on the night of the 27th, between 10 and 12 o'clock, in the STATEME~ OF LIEUT. A. F. TIFFANY. Lieut. A. F. Tiffany, called by the recorder, being duly sworn, testified as direction of 1anassa , by way of Blackburn's Ford, and he experienced follows: no difficulty whateYer in marching. * * * * * * Board rec<>rd , pages 702, 705, 707, 70 . Q. What difficulty, if any, did you experience in getting along in your march from Bristoe toward Warrenton? STATEM ENT OF HENRY KYD DOUGLASS, AUG'CST Zi. A. Nothing more than that which is common where there is a good many trains passing; sometimes the road would be full; sometimes we would pa Henry Kyd Douglass, stair officer to General J 3-{!kson, testifies (on around, then we would be on the road again; nothing so very unus ual in the page 685, board record) that General Jackson's whole command moved way of traveling. away from Centreville on the night of the 27th, with all their trappings, EVIDENCE IN REFERENCE TO THE ORDERS OF THE AUGUST 29, 1862-REPORTS 01!' up to the position, or near it, that they occupied on the day of the battle UNIO OFFICERS. ofthe 29th. In giving the following reports of Union officers I have been compelled 1884. CONGRESSIONAL RECOR.D- SENATE. 1845 in many cases to use extracts, for the reason that in cutting from the General Robinson First Brigade, on his right, partly in line and partly in sup­ reports I could not take the pages, it being printed on both sides. T?e port.; and kept Birney's most disciplined regiments reserved and ready for same is also the case with the confederate reports. But all matenal e~~!!~t~~on I was obliged to occupy a quarter of a mile additional on left of points are included and these extracts apply solely to the 29th of .Au­ said road from Schurz's troops being taken elsewhere. During' the first hours of combat General Birney, on tired r~giments in the gust, 1862: center falling back, of ills own acCnsiderable loss in both men and horses, and ColonelGesner, and changed front to the left, to sweepwtth a rush.tbefirst.line the division fell back to connect w1th Schenck. oftheenemy. Thiswasmostsuccessful. Theenemyrolled up on lusown nght. It presaged a victory for us all; still our force was too light. ~'he enemy brought Later in the day General Pope, arriving on IJ?.e right from C~~~eville, re.newed up rapidly heavy reserves, so that our farther progress. was rmpeded. General the attack on the enemy and drove him som~ d~tance. 1\Iy d1 VISion was d1rected to threaten the enemy's ri&"ht and rear, whiCh It proceeded to do under a heavy Stevens came up gallantly in action to support us, but did notha ve th~ numbers. fire of artillery from the ndge to the left of the P!ke. G~nerals Seymour. and Jackson led their brigades in advance; but, notWithstandmg nil the steadmess Report of 1\Ia.j. Gen. Fra.nz Sigel. and courage shown by the men they were compelled to fall back before the NEAR FoRT DE KALB, VmGINIA, September 16, 1862. heavy fire of artillery and musk~try ~J;lich me~ t_hem bo~h o,n tJ;Ie.f"':"ont and left * * * * * * * flank, and the division :resumed itsorigmal pos1t10n . . Kmg s d1V1~10n en~ge?­ II.-Battle of Gro-veton, near Bull Run, o-n Friday, .August 29, 1862. the enemy along the' pike on our right, and the action was contmued With It until dark by Meade's brigade. On Thursday night, August 28, when the First Corl?s was encamped on the heights south of Young's Branch, near Bull Run, I rece! ved orders fr~m General Pope to "attack the enemy vigorously" the next mormng. I accordingly made Report of Brig. Gen. John C. Robinson, of Kearny' division, Heintzelman's the necessary preparations at night and formed in order of battle at daybreak, · corps. having ascertained that the enemy w a'? in con.siderabl~ force beyond Yonng;'s HEADQUARTERS RoBI::::o ON's BRIGADE, Branch in siooht of the bills we occupied. H1s left wmg rested on Catharpm Centreo-Ule, Va., .August 31, 1862. Creek, front ~ward Centreville; wi.th his center he occupied a lo~g s~retch of woods parallel with the Sudley Sprmgs (New 1\farket) road, and hiS r1ght was On Frieay* morning• I was *ordered to* "support* Colonel Poe's* brigade* and to posted on the bills on both sides of the Centreville-Gainesville road. I therefore develop his line of battle to the right." After crossing Bull Run I moved for­ directed General Schurz to deploy his division on the right of the Gainesville ward in two lines the first composed of the Sixty-third Pennsylvania. and five road, and, by a change of direction~ the lef~, to c?me. into position parallel With companies of the Thirtieth Ohio, which were temporarily attache? to my c?m­ the Sudley Springs road. General Milroy, with his brigade and one battery, was mand. Arriving on the ground n.ssigned me, I remained for a con~1~erable tl!De directed to form the center, and to take possession of an elevation in front of the exposed to a heavy artillery fire, after which I took up my position on h1gh so-called "stone house " at the junction of the Gainesville and Sud ley Springs roads. General with his division, forming our left was or<;tered ad­ ground further to the right. I was soon after directed by l\Iajor-General Kearny, Scben~k, 1 to oommandin"' division to move to the support of Poe's left, when 1 formed the vance quickly to an adjoining range of hills, an<;t ~o plant his battenes on these Sixty-third ~nd One hundred and fifth Pennsylvania. in line ~f ba.ttle on the bills at an excellent range from the enemy's positiOn. Leesburg road, holding the Twentieth Indiana and Oh1o Battalion m reserve. In this order our whole line advanced from point to point, taking advantage At tills time there. was a. heavy musketry fire to our left and front, and I w~ of the ground before us, until our whole line was involved in a most vehement directed tQ move forward through the woods to turn the enemy and cut off his artillery and infantry contest. In the course of a.boutfoll1· hours, from half past retreat through the railroad cut; . . . 6 to half past 10 o'clock in the morning, our whole infantry force and nearly OU1' On arriving on the ground with the Sur:t.y-t~rd. and One hundred .and fifth all batteries ,rere engaged with the enemy1 Generals M!J.ro~ a:nd Sch~r~ ad­ Pennsylvania, Twentieth Indiana, and Third MIC~gan, I founrl tJ;Ie railroad al­ vancing one mile and General Schenck two miles from their or1gmal posttwns. ready occupied-by our own troops and the corn field m front fi lied wttb th~ enemy. At this time (10.30 o'clock) the enemy threw forward large masses of infantry I then deploye~ the Sixty-third and O!le bu~~red a.nd fi!tbPennsy.lvam~ a~ong ae:a.inst our right, but was resisted firmly and driven back three times by the the railroad to the right of the. troops m pos~t10n, dir~ctm~ the Thud 1\f1Cb1gan t::'oops of Generals Milroy and Schurz. To assist those troops, so bard pressed to protect my right flank, placmg the Twenti~tb In~mna. I!1 reserve, a!Jd throw­ by overpowering numbers, exhausted by fatigue, and weakened by losses, I or­ ing skirmishers to the front. Soon after takmg this positiOn the regim~nts on dered one battery of reserve to take position on their left, and posted two pieces my left gave way and passed mpidly to the rear out of the woods, leavmg my of artillery, under Lieutenant Blum, of Schirmer's battery, supported by the left flank entirely exposed. · Forty-first New York Volunteer Infantry, beyond their line and opposite the As rapidly as possible I moved my command to the left to occupy the deserted rightflan; of the e~1:emy, who ;vns adv~cing in th: woods* * ground but before my troops could get fairly into position I was fiercely attacked by a sui>erior force that bad succeeded in crossing. the road. I then t_h~ew for­ At 2 o'clock in the afternoon General Hooker's troops arrived on the field of ward my right wing, forming my line of battle at r1ght a_ngl~s to the origm~ po­ battle and were immediately ordered forward by their noblecommandertopar­ sition, and checked the progress of the enemy .. At th1s t1me General Buney ticipate in the battle. One brigade, under Colonel Carr, received orders, by my brought up and turned over to me his Fourth Marne. He afterward sent me his request, to relieve the regiments of General Schurz's division, which had main­ First Fortieth and One hundred and first New York Regiments. These troops tained their ground against repeated attacks, butwerenowwornout and nearly were' deployed to the right and left of the railroad, and pushed forward to ~be 'vithout ammunition. Other regiments were sent forward to relieve Brigadier­ support of my regiments in front, which were suffering severely from a terrific General Milroy, whose brigade had valirultlydispnted the ground against greatly fire of musketry and the enemy's artillery posted on a hil.l ~o our. right and rear. superior numbers for eight hours. Our men now gained steadily on the enemy, and were driVIng hu;n before them To check the enemy if he should attempt to advance, or for the purpose of until he brought up fresh masses of troo~ (supposed to be two bri~~), when, preparing and supporting an attack from our side, I placed four batteries, of with ammunition nearly expended, we W1thdrew tQ our second po 1t10n. different commands, on n. range of bills on our center and behind the woods, which had been the most hotly contested part of the battlefield during the day. I had previously received a letter from 1\Iajor-General Pope, saying that Fitz­ Report of Brig. Gen. C. Grover, of Heintzelman's corps. John Porter's corps and Brigadier-General King's division, numbering twenty HEADQUARTERS FIRST BRIGADE, HOOKER'S DIV1SION, thousand men, would come in on our left. I did, therefore, not trunk it prudent Beptemb<,'!' 26, 1862. to give t.he ene~y time to make. new ':ll'ra~ge~ents, an~ ordered all the ba~z:ies to continue theu fire, and to direct It prmmpally agamst the enemy's posttion On the* following* day we continued* our* march for* the plains* of Manassas* by in the woods before our front. Some of our troops placed in front were retiring the way of Centreville, and arrived upon the battlefield about 9 a.m. The bat­ from the woods, but as the enemy, held in check by the artillery in the center, tle bad alren,dy commenced, and o.s my ~lumn moved to the front thes!:Jells did not venture to follow, and ns at this moment new regiments of General fell with remarkable precision along the lme of the road, but fortunately~Id no Hooker's command arrived and were ordered forward, we maintainE}d our posi­ tion, which Generals Milroy and Schurz had occupied in the ~orning. damage. d fM . Ge 1 1 My brigade was temporarily placed under t~e or ers o a.]or- .nera s·1.ge , During two hours, from 4 to 6 o'clock p.m., strong cannonadmg and musketry whose troops were then engaging the enemy m the center. Under m~:;truct10ns continued on our center and right, where General Kearny made a successf~ received from him I threw forward the First Massachusetts Volunteers to sup­ effort against the extreme left of the enemy's lines. port bis'Iine wbil~ my remaining four regiments were drawn up in two lines, sheltered fr~m the enemy's fire by a roll of the field in front. This position was Report of Brig. Gen. R. H. Milroy. occupied until about 2.30 p.m. . .. HEADQUARTERS h<>EPEli<>ENT BRIGADE, ID. the mean time I rode over the field m front a.s farM the po 1t1on of the enemy NEAR FORT ETHAN ALLEN, VIRGINIA, would admit. After rising the hill under which my command lay an open field September 12, 1862. was entered, and from one edge of it gradually fell o!f in o. lope tQ a valley, through which ran a railroad embankment. lleyond th1sembankmenttheforest * * * :;:: * continued and the corresponding heights beyond were held by the enemy in On the follo\ving morning (the 29th) at daylight I was ordered to proceed in force, supported by artillery. . . . search of the rebels, and had not proceeded more than five hundred yards when At 3 p.m. I received an order to advance m hne of battle over ~hiS g':ound.• pa.ss we we re greeted by a few straggling shots fi·om the woods in front. We were the embankment,entertheedgeo~tbew~odsbeyond,a~~:d hold 1t. Dispo::ntwns now at the creek and I had just sent forward my skirmishers, when I received for carrying out such orders were rmmediately made; p1eces were loaded, bayo­ orders to halt a~d let my men have breakfast. While they were C?oking, my­ nets fixed and instructions given for the line to move slowly upon the enemy self, accompanied by Genet:al Schenck, rode up to the top of an emmence some until it feit its fire then close upon him rapidly, fire one well-directed volley, and fi>e hundred yards to the front to reconnoiter. We had no sooner reached the rely upon the bayonet to secure the position on the <;>ther side. top than we were greeted by a shower of musket-balls from the woods on our VIe rapidly and fi1·mly pressed upon the embankment, and here occurred a right. I immediately ordered up my battery and gave the bushwhackers a few short, sharp, and obstinate band-to-hand conflict with bayonet and clubbed shot and shell which soon cleared the woods. Soon after I discovered the enemy m.usket.s. in great force 'about three-quarters of a mi~e in front of us, upon our right. of the pike leading from Gainesville to Alexan dna. I brought up ~Y two batten~ and opened upon them, causing them to fall back. I then moved fo~ward my bngade, Report of General P. Kean1y (by General Birney), of Heintzelman's corps. with skirmishers deployed, and continued to advance my rcg1ments, the enemy CEXTREVILLE, VA., .August31, 18G2. * * * * * * * fnlJ~rfe~~c~~henck's division was off to my left and ~t of Gene1·al Schurz to On the 29th, on my arrival, I was assigned tot~e boldin~of ~be rig!:Jtwin~t my my right. After passing a piece of woods I turned to the right, where the rebels left on Leesburg road. I posted Colonel Poe, with Berry s bnga.de, m fi.r::t line; bad a battery that gave us a good deal of trouble. I hrough! forwn.rd one of my 1846 CONGRESSIONAL RECORD-SENATE. MARCH 13,

bat.teries to reply to it, and soon after heard a tremendous fire of small-arms, and manded by Col. A. Schimelpfennig, at 6 o'clock. After a rest of about fifteen. knew that General Schurz was hotly engaged to my right man extensive forest. minutes the regiment was ordered to take its position on the extreme right of 1 sent two of my regiments, the Eighty-second Ohio, Colonel Cantwell, and the the army corps then advancing. Under cover of skirmishers in the front and Fifth Virginia, Colonel Ziegler, to General Schurz's assistance. They were to right flank wead:vanced in quick-time over an open field until we arrived o.t the attack the enemy's right flank, and I held my other two regiments in reserve for center of the woods, where in an opening we halted. The skirmishers met. the a time. The two regiments sent to Schurz were soon hotly engaged, the enemy skirmish line oft he enemy, opened fire, and drove them into the woods. Forced being behind a railroad embankment. which afforded them an excellent breast­ by the heavy artillery fire of the enemy, we changed several times our positions. work. From the right flank came the report that a strong colwnn was advancing, but that it was impossible to recognize whether friend or foe. It was tlfterwarda.s­ Report of Brigadier-General Stnhel. certained to be General Kearny's corps for our relief. The regiment was then ordered to the left, where it took its position in the general battle-line. after ad­ CEXTREVILLE, September 1, 1862. vancing about four hundred yards under the heavy fire of the enemy, driving • * • • the latter back and out of his positions, but by the withdrawing of n. regiment With brea.k of day on the 29th I followed the second brigade, first divi ion, statione~ on the left of the Seventy-fourth the enemy took advantage, a nd, lllarching to Dogan's farm, and took position behind the farm. I remained here outflanking us, we were forced back about one hundred yards. butashorttime. * * * Hereifoundanumbe rofdeadandwounded.. Hav­ Forming again in colwnn for attack, the regiment advanced in qui<'k-time to­ ing remained here a half an hour, a heavy skirmish occurred at this point. ward lobe enemy, who guve way until he arrived at the other side of the railroad dam. Ilere, again flanked by the enemy and under a galling fire of grape- hot R eport of Lieut. George D. Haskins, First Ohio Artillery, McLean's brigade, and canister, the regiment had to lea>e its position, which it did by making a Schenck's division, Sigel's corps. flank movement to the left, forcing the enemy to withdraw from the woods. We advanced over our former position, capturing an ambulance with two HEADQUARTERS BATTERY K, wounded officers, to the seam of the woods. At this point a heavy shower of Bujfai-o Fort, Vi1·ginia, September 17, 1862. grape-shot and canister pouring into us, we withdrew to the railroad dam. After 8 • • * resting here for about thirty minutes, we were ordered by General churz to sup­ Fighting reswned next morning, August 29, and engaged the enemy until port a battery on the extreme right, keeping in that po ition till the battery left. about ll a. m., when we ran out of ammunition, and, not being able to get more, \Ve then again joined our brigade. Wearied and exhausted, we camped for the were ordered to the rear, where we remained that and thefollowingday,Augu t night on the same ground the enemy held the night previous. 30, until about 5 p. m.

Report of Colonel Krzyzanow ski. commanding second brigade, Schurz's divis­ Repor t of 1\faj. Steven Kovacs, Fifty-fourth New York Volunteers, econd Bri­ ion, Sigel's corps. gade, Schurz s division, Sigel's corps. NEAR ARLINGTON HEIGHTS, &ptemhe1· 3, 1862. CAMP NEAR ARLIXGTON HEIGHT;;;, Septe1nber 12, 186!!. At about half past 5 o'clock a.. m . on the 29th of August I received orders from SIR: I have the honor to report tba.t on. the 29th of August, 1862, the Fifty-fourth General Schurz to advance with my brigade. · It was done in the following or­ RegimentNewYorkState Volunteers was drawn up in lineofbattleat 6 o'clock der: Two regiments in company column, left in front, and one regiment, the a.m. at Manassas, and ordered for reserve by General Schurz; at o'clock, by Fifty-fourth New York Volunteers, as reserve. On the right of me was Colonel his orders, was sent to the woods to drive out the enemy, and found them h:tlarge Scbime lpfennig with his brigade, and on the left General l\Iilroy's brigade. A force. The regiment instantly became engaged., and it h eld the woods in spite line of skirmishers having been established, we advanced toward the woods of the superior numbers until 1 o'clock, when it was relieved by another regi­ through which the !ana sas Gap Railroad runs. As soon as we entered the ment. In this engagement the officers and men behaved them ·elves bravely, woous I dispatched my adjutant to ascertain whether the line of skirmishers was e pecially the second color-bearer, William Rauschmiiller, who, seeing his com­ kept up on both wings, and finding such was not the case and that I had ad­ rade (the first color-bearer) fall, instantly seized the flag, and at the same time ke vanced a little faster t.han General filroy's and Colonel Schimelpfennig's col­ cat·ed for his wounded comrade, took biro to the rear, and immediately returned umn, I halted my skirmishers to wait until the line was re-established. How­ again to his proper place. After this the regiment wa ordered to fall btwk to ever, being informed that Generall\filroy was advancing, I ent the Fifty-fourth another wood about half a mile di tant, with the order to be in column by divis­ Regiment to take position on my right wing and try to find the lines of Colonel ion, to be ready for any emergency, and the regiment remained under arms all Schimelpfennig's skirmishers, and then I advanced together with the former. night. Scarcely bad the skirmishers passed over two hundred yards when they be­ ' '1me engaged with the enemy. For some time the firing was kept up; but our Report of Capt. F. Braum, commanding Fifty-eighth New York Volunteers, skirmishers bad to yield at last to the enemy's advancing column. At this time Second Brigade, Schurz's division, Sigel' .corp . I ordered my regiments up, and a general engagement ensued. However, I soon noticed that the Fifty-fourth and Fifty-eighth Regiments had to fall back, CAMP NEAR ARLINGTON liEIGHTS, Septemb er 12, 1862. owing to the furious fire of the enemy, who had evidently thrown his forces ex­ * * * * * • * clu i~elyupon tho etworegiments. TheSeventy-fifthRegimentPennsylvania The 29th in tant the regiment was ordered into action, and marching over a. Volunteers, which up to this time had not taken J?art in this engagement, was (at plain ground soon wa engaged 'vith the enemy, which had taken position in thetimetheFifty-eighth and Fifty-fourth retired) now nobly led on byLieuten­ the woods. The regiment held the enemy in check from 8 o'clock in the morn­ .ant-Colonell\labler upon the right flank of the enemy, and kept him busy until I ing tilll2 o'clock p. m., when the regiment was relieved. The los of the regi­ had brought the Fifty-eighth at a double-quick up to its previous position, when ment was twenty-nine killed, wounded, and missing. those two regiments successfully drove the enemy before them, thereby gaining Jtbe position of the Manassa Gap Railroad, Report of Col. \Villilim Blaisdell, Eleventh Massachusetts Voluntee rs, Grover's The Fifty-fourth had meanwhile been ordered by General Schurz to take po­ brigade, Hooker's division, Heintzelman's corps. sition with the Twenty-ninth RegimentNew York State Volunteers in the inter­ ·val ofmy brigade and that of Colonel Scbimelpfennig. CAllP NEAR ALEXANDRIA, VA., Septembel"l4, 1862. At this time I ob erved on my right the brigade of General Roberts, to whom * * * * * * * I explained my position, after which we advanced together a short distance; After supporting several batteries the regiment was ordered to move forward but he soon withdrew his forces ascertaining that he got his brigade in between and engage the enemy. At about 3 p . m.,advancingaboutone mile to the edge the columns of our division. We had occupied the above-named position only a of a heavy wood, then deploying and moving forward in line of battle until short time when the enemy again tried to force us back, but the noble conduct within range of the enemy's pickets, the line was baited, bayonets ti:ted. Again of my troops did not allow him to carry out his design, and he did not gain one moving forward, driving the enemy's picket before it, the regiment came upon inch of ground. We w ere thus enabled to secure our wounded and some of our and engaged a heavy line of the enemy's infantry, which was dri>en back and dead, and also some of the enemy's wounded, belonging to the Tenth South Caro­ over a line of railroad, where the road-bed was ten feet high, behind which was lina Regiment. We held this posiLion until2 p.m., when we were relieved by po~ted another heavy line of infantry, which opened a terrific fire upon the regi­ a brigade of General Kearny's division, and retired about one-fourth of a mile rnentas it emerged from the woods. The Eleventh Regiment, being the battalion toward our rea r, where we also encamped for the night. of direction, was the first to reach the railroad, and of course received the heaviest of the fire. This staggered the men a little, but recovering in an in tant, they gave a wild hurrah and over they went, mounting the embankment, driving Report of Col. Joseph B. Carr, commanding brigade of Brig. Gen. Joseph Hook­ everything before them at the point of the bayonet. er's division, Heintzelman's corps. Here, for two or more minutes, the struggle was very evere, the combatants HEADQ.UARTERS THIRD BRIGADE, HOOKER'S DIVISION, exchanging shots their muskets almost muzzle to muzzle, and engaging hand CAMP NEAR FORT LYON, VIRGINIA, September 6, 1862. to hand in deadly encounter. Private J obn Sawler, of Company D, stove in the * * * * * * * skull of one rebel with the butt of his musket and killed another with his bayo­ At 2 o'clock Friday morning, August 29, I received orders to march at 3 a. m. net. The enemy broke in confusion and ran, numbers throwing down their and support General Kearny, who was in pursuit of the enemy. A march of ten muskets, some fully cocked, and the owners too much frightened to fire them, miles brought us to the Bull Run battlefield. About 11 a. rn. was ordered in posi­ the regiment pursuing them some eighty yards into the woods, where it was tion to support a battery in front of the woods, where the enemy with General met by an overwhehning force in front, at the same time receiving an artillery Sigel's troops was engaged. Remaining about one hour in that position, was fire, which enfiladed our left and forced it to retire, leaving the dead and many ordered to send into the wood and relieve two regiments of General Sigel's of the wounded where they fell. • . corps. I sent in the Sixth and Seventh New Jersey Volunteers. Afterward re­ It was near the railroad embankment that the brave Tileston, Stone, and Por­ ceived orders to take the balance of the brigade in the woods, which I did at ter. and other gallant men received their mortal wounds. Being thus overpow­ about 2 p.m. Here I at once engaged the enemy and fought him for a space of ered by nwnerical odds after breaking through and scattering two lines of the two hours, holding my position until our ammunition was all expended. About enemy, and compelled to evacuate the woods and enter into the open fields be­ 4 o'clock we were relieved by General Reno and Colonel Taylor, but did not yond, the· enemy pursuing us hotly to the edge of the woods, I was greatly reach the skirt of the woods before a retreat was made and the woods occupied amazed to find that the regiment had been sent to engage a force of more than by the enemy. When I arrived out of the woods I was ordered to march about fivetimesitsnwnbers, strongly posted in thick woods and behind heavy embank­ half a mile to the rear and bivouac for the night. ments, and not a soldier to support it in case of disaster. After collecting the regiment together and mo>ing back to our original position we encamped for the Report of Col. J. W. Revere, Seventh New jersey Volunteers, Carr's brigade, night. The officers and men of the regiment fought with the most desperate Hooker's division, Heintzelman's corps. bravery ; not a man flinched, and the losses were proportionately severe. Out IN THE FIELD, NEAR CE TREVILLE VA., August 30, 1862. of two hundred and eighty-three officers and men who participated in the fight 1 three officers and seven ·enlisted men were killed, three officers and seventy-four SIR: I have the honor to report that this regiment, being ordered into the enlisted men were wounded, and twenty-five missing, making an aggregate of woods with the Sixth New Jersey Volunteers, proceeding [proceeded] to occupy ten killed, seventy-seven wounded, and twenty-five missing, all in the space of them, relieving a New York regiment of General Steinwehr'l;l division on the fifteen or twenty minutes. The regiment bivouacked on the field. 29th in taut at 11 a.m. on the extreme right of the position of our part of the armv. • Advancing about fifty yards, we encountered the enemy's pickets, and a spir­ General R. C. Schenck's report, by Colonel Chee borough. ited ngagement ensued, with varying success; and having been relieved by the . W ASHINGTOX, D. C., 8epte11lher 17, 1862. timely advance of the Sixth .Regiment New Jersey Volunteers, we drove the enemy from his position, but having been strongly re-enforced, he regained it On Thursda* y, 29th* ultimo,* we left Buckland* Mill* , passing* through* Gaines- about 1 p.m. ville, and proceeded on the IanaRSas Junction pike to within orne four miles of that place, and then turned eastwardly, marching toward Bull Run. The scouts Report of 1\laj. F . Blessing, commanding Seventy-fourth P ennsylvania Volun- in advance reported a force of the enemy, consisting of infantry andcavalry, in • teers, of first brigade, Schurz's division, Sigel's corps. front. We were hurried forward and formed line of battle with our right toward * * * * * Centreville. Some few shells were thrown into a clump of woods in front where .At b o'clock a. m ., Au~st 29, we left this place, meeti11g our brigade , com- the enemy were last een. bnt without elic itin~ any respon e. Some two houra 1884. CONGRESSIONAL RECORD- SENATE. 1847

~lapsed when heavy firing was heard on our left, which we concluded was fro?! advanced and reported that he was driving the enemy. This was not, however, McDowell's corps and the enemy who had worked around from our front m until after the renewed heavy musketry fire on our center had driven General that direction. We were immediately put in motion, and marched on the"\\'"ar­ Hooker's troops and tho e he was sent to upport back. They were greatly out-­ renton road and took position for the night on a hill east of the st.one house, numbered and behaved 'vith exceeding gallantry. our right resting on the pike. It was on this occasion that General Grover's brigade made the most gallant On Friday morning early the engagement was commenced by General Milroy and determined bayonet charge of the war. He broke two of the enemy's lines, on our right, in which we so?n after took part, and a rapid artillery fire ensued but was finally repulsed by the overwhelming numbers in the rebel third line. from both sides. For some trme heavy columns of the enemy could be seen fil­ It was a hand-to-hand conflict, using the bayonet and the butt of the-mbl.sket. ing out of a wood in front and gradually falling back. They were within range In this fierce encounter of not over twenty minutes' duration t.he Second New of our guns, which were turned on them and must have done some execution. Hampshire, Colonel Marston, suffered the most. The First, Eleventh, and Si.x­ An hour aft~r we received the order to move one brigade by the flank to the left t,eenth Massachusetts and Twenty-sixth Pennsylvania were engaged. The 1088 and advance, which was done. We here obtained a good position for artillery, of this brigade, numbering less than 2,000, was a total of 484, nearly all killed and. and stationed De Beck's First Ohio Battery, which did excellent service, dis­ wounded. I refer you to General Grover's accompanying report. Uf:l mounting one of the enemy's guns, blowing up a caisson1 and silencing the bat­ Had General Kearny pushed the enemy earlier it might have enabled to tery. Unfortunately, however, they were poorly supplied with ammunition, have held our center and have saved some of this heavy loss. Kearny off the and soon compelled to withdraw. right1 with General Stevens and our artillery, drove the enemy out of the woods Our two brigades were now put in motion. General Stahel, commanding first they na~ temporarily occupied. The firing continued some time after dark, and brigade, marching around the right of the hill to a hollow in front, was ordered when it ceased we remained in possession of the battlefield. to draw up in line of battle and halt. Colonel McLean advanced around the left of the hill under cover of the woods, pressing gradually forward until he struck THIS DAY MUST NOT BE CONFUSED. the turnpike at a white house about one-half mile in advance of the stone house. These all speak of the 29th, not confused with the 30th, for the 30th General Milroy's brigade arrived about the same time. We were halted, and is in a separate part of the reports. sent back for General Stahel, who took the pike and soon joined us. We then formed our line of battle in the woods to the leftofthepike,OJlT right resting on Lieutenant-Colonel Sewell, commander Fifth New Jersey, reports that the road, and then pushed on slowly. Milroy, in the mean while, had deployed on the 29th of August- to the right of the road, and soon became engaged with the enemy. Our divis­ ! was soon obliged to relieve my right wing with my left, the former having ion was advanced until we reached the edge of.the woods and hal~d. 1n front of us was an open space (which also extended to the right of the road empt-ied their cartridge-boxes. and to our right), beyond which was another wood. We remained here nearly His command had emptied their cartridge-boxes and one wing had to an hour, the tiring in the mean while becoming heavy on the right. The enemy be relieved by the other for that reason. · had a battery very advantageously placed on a high ridge behind the woods in front of Milroy, on the right of the road. It was admirably served and entirely Captain Weidrick, commanding Battery I, New York Artillery, re­ concealed. Our position becoming known, their fire was directed toward us. ports in action from 10 o'clock 29th until3 o'clock, when they had to The general determined, therefore, to advance, and so pushed on across the open space in front and took position in the woods beyond. We here discovered that retire on aecount of loss of ammunition. we were on the battle-ground of the night before, and found the hospital of Gib­ Captain Dilger, commanding battery, reports his battery engaged until bon's brigade, who had engaged the enemy. Thebatteryoftheenemy still con­ his ammunition was expended and his battery relieved by an~ther. tinued. \Ve had no artillery. De Beck's and Schirmer's ammunition having given out, and Buell's battery, which had reported, after a hot contest with the Colonel Thompson, One hundred and .fifteenth Pennsylvania, reports · enemy (who had every advantage in position and range), was compelled tore­ continuous fighting until his command was relieved by fresh troops sus­ tire. It was now determined to flank the l.>attery and capture it, and f01·· this taining heavy loss. purpose General Schenck ordered one of his aids to reconnoiter the position. Before he returned, however, we were requested by General 1\lilroy to assist Col. G. C. Burling, Sixth New Jersey, was engaged until relieved by him, as he was very heavily pressed. General Stahel was immediately ordered fresh troop . His loss was severe. to proceed with his brigade to Milroy's support. NEW EVIDENCE FURNISHED BY CONFEDERATE OFFICERS. It was about this time, 1 or 2 o'clock, that aline of skirmishers were observed approaching us from the rear ; they proved to be General Reynolds's. We com­ Fitz-John Portersays he found new evidence. What new evidence?­ municated with General Reynolds at once, who took his position on our left, and The new evidence is produced by statements from officers of the con­ at General Schenck's suggestion he sent a battery to our right in the woods for the purpose offlankingt.be enemy. They secured a position and were engaged federate army for the purpose of showing that on that day he was not with him about an hour, but wit.h what result we were not informed. General 1·equired to fight because there was no battle. Reynolds now sent us word that he bad discovered the enemy bearing down REPORTS OF CO!<'FEDERATE OFFICEIIS. upon his left in heayy columns, and that he intended to fall back to the first woods behind the cleared space, and had already put his troops in motion. General T. J. Jackson, who cominanded the rebel forces on that day. We therefore accommodated ourselves to his movement. It was about this time in making his report April 27, 1863, or rather made, from the recorda that your order came to press toward the right. We returned answer that the enemy were in force in front of us, and that we could not do so without leaving he left, by his adjutant-general, says: the left much exposed. General Schenck again asked for some artillery. My troops on this dar. (29th) were distributed along and in the vicinity of the General Stahel's brigade, that had been sent to General Milroy's assistance, cut of an unfinished ratlroad (intended as a part of the track to connect the Ma­ having accomplished it object under a severe fire had returned, and soon after nassas road directly with Alexandria) stretching from the Warrenton turnpike General Stevens reported with two regiments of infantry and a battery of four in the direction of Sudley Mill. It was mainly along the excaYation of this un­ 20-pound Parrott guns. With these re-enforcement we determined to advance finished road that my line of battle was formed on the 29th (August]. again and reoccupy the woods in front of the cleared space, and communicated Assault after assault was made on the left., exhibiting on the part of the enemy this intention to General Reynolds. He, however, had fallen back on our left great pertinacity and determination, but every advance was most successfully some distance to the rear; he was therefore requested to make his connection and gallantly driven back. General Hill reports that six separate and distinct with our left. The Parrotts in the mean while were placed in position, and under assaults were thus met and repulsed by his division, assisted by Hays's brigade, the admirable management ofLieutenantBenjamin dids.plendidly. Two mount­ Colonel Forno commanding. By this time the brigade of General Gregg, which, ain howitzers also reported, and were placed on our r1ght in the edge of the from its position on the extreme left, was most exposed to the enemy's attack woods near the road, and commenced shelling the woods in front of the open had nearly expended its ammunition. It had suffered severely in its men, and spaces, which were now occupied by the enemy, our skirmishers haying pre- all·its field officers except two were killed or wounded. viously fallen blwk. . Abou~ 4 o'clock it had been assisted by Hays's brigade (Colonel Forno). It was The artillery fire now became very severe, and General Schenck was con vi need now retared to the rea to take some repose after seven hours of se•ere service. that it was very essential that he should h:~.ve another battery, and so sent me to you t<> get one. I arrived to find one, Captain Romer's, just starting. You also After seven hours of severe conte tit wv relieved because the men directed me to order General Schenck t<> fall gradually back, as he was too far were exhausted. forward; General Stahel on the left of the pike and Colonel McLean t<> the left And General Early s brigs.de, of Ewell's division, with the Eighth Louisiana of Stahel. I here state in my report that General Schenck, on receiving these Regiment, took its place. re-enforcements, determined to advance again, and communicated his intention On rea-ching his position, General Early found that the enemy had obtained to General Reynolds. I carried this message myself, and, after some difficulty, possession of the railroad and a piece of wood in front, there being at this point found General Reynolds, and requested him to halt and form on the left of Mc­ a deep cut, which furnished a strong defense. Moving through,a field he n.d­ Lean. He bad fallen back, however, some distance to the rear of McLean's line vanced upon the enemy, drove them from the wood and railroad cutwit.:ngreat of battle, so much so that the enemy's skirmishers had actually flanked us, and slaughter, and followed in pursuit some two hundred yards. in returning to the divi ion I bad a narrow escape from being captured. I also asked General Reynolds to ride forward to meet General Schenck, who They were driven back with great slaughter. had directed me to say that he would be at the extreme left of our line for that. Early kept his position there until the following morning. purpo e. General Reynolds neither gave me any positive answer as to whether he would mee General Schenck or any information as to what he intended to Now, to show that this was on the 29th let us see what be says in do. I do not know if he complied with the reque t to make his connection on the conclusion of this report: · our left, a , on my return to General Schenck, I was immediately sent to Gen­ eral Sigel to represent our position; and when returning again with the order At a later period Major Patrick, of the cavalry, who was by General Stuart in­ to General Schenck to retire slowly, I met the command executing the move­ tru ted with guarding the train, was attacked, and, although it was promptly ment. and _effectually repul.sed, it.was not without the loss of that intrepid officer, who My report was intended merely as a sketch of our movements for General fell.m. th~ attack w_hile settmg an exampleo~ gallantry to his men well worthy Sigel's information, and I endeavored throughout to be as concise as po sible of ImitatiOn. Dm·mg the day the commandmg geaeral arrived, and also Gen­ and confine myself solely to the operations and movements of our division. I eral Longstreet with his command. now submit the above statement, t.rust.ing that the explanations will be satisfac­ REPORT OF GENERAL A. P. HILL. tory to General Reynolds. Let me call attention to the report of General A. P. Hill, wh.o was Report of Maj. Gen. S. P. Heintzclwan. in that battle on the day of the 29th: ARLINGTON, VmGL,.IA, October 21, 1862. The evident intention of the enemy this day was t.o turn our left and overwhelm * • • * * • .Jackson's corps before Longstreet came up. .A.t 10 a.m. I reached the field of battle, a mile from stone bridge, on the 'Var­ The evident intention of the enemy, speaking of Pope's forces, was l'enton turnpike. General Kearny's dh"ision had proceeded to the right and fu front. I learned that General Sigel was in command of the troops then engaged. turn Jackson's left and overwhelm him beforeLongstreet could arrive. Atll a.m. the head of Hooker's divisiou arrived; General Reno an hour later. And to accomplish this the most persistent and fm·ious onsets were made by At the request of General Sigel I ordered General Hooker to place one of his column after column of infantry, accompaniPd by numerous batteries of artil­ brigades at General Sigel's disposal, to re-enforce a portion of his line then hard lery. pressed. General Grover reported, and before long became engaged, and was The enemy prepared for a last and determined attempt. Their serried mll8Ses ruterward supported by the whole division. General Pope arrived between 1 overwhelming superiority of numbers, and bold bearing made the chance of and 2 p. m. The enemy were driven bat!k a short distance toward Sudley vict<>ry to tremble in the balance; my own division exhausted- -church, where they made another stand and again pressed a portion of our line back. All this time General Kearny's division held its position on our extreme A. P. Hill' division exhausted- Tight. Several order were sent to him to advance, but he did not move till after by seven hou.t-s' unremitted fighting, hardly one round per man remaining and the troop on his left had been forced back, which wa near 6 p. m . He now weakened in all things save its unconquerable pirit.· Casting about for h~lp,

J 1848 CONGRESSIONAL R.ECORD- SENATE. MARcH 13,

(ortunately it was here reported to me that the brigades of Generals La,wton and Report of Lieut. Col. R. L. Walker. Early were near by, and sending for them, they promptly moved to my front at HEADQUARTERS ARTILLERY BATTALION, March 1, 1863. 'he most opportune moment, and this last charge met the same disastrous fate that had befallen those preceding. Having received an order from General Jack­ * * . * * * wn to endeavor to a. void a general engagement, my commanders of brigades On Friday, the 29th of August, the batt-eries were placed in position on the contented themselves with repulsing the enemy and following them up but a ridge in rear and to the left of General A. P. Hill's db.-ision. Captain Brax­ few hundred yards. ton's battery was engaged early in the forenoon on the extreme left, with the loSs of some of his hors"!s. Upon the cessation of the enemy's fire ours ceased liiOST FURIOUS OXSLAUGHTS ON HIS COlllliiA...''EAR FREDERICK, MD. September!), 1862. * * * * * * * and staid there until 11 or 12 o'clock at night, leaving nothing but At 11 a.. m. on Friday I was ordered by General Huod to proceed to the right o( Jones's brigade in the direction of Porter. the turnpike road and report to Gener31 Stuart. This I did, with Captain Bach­ man's battery, Reilly being already in position on the left, and Garden having REPORTS OF LONGSTREET'S OFFICERS AND OTHERS. no long-range pieces. General Stuart had selected a position near the Orange Report of Col. Edward L. Thomas, commanding second brigade, A . P. Hill's and Alexandria Railroad. The battery was brought up and immediately opened division, Jackson's command. with marked effect on a. column of the enemy movi11g to the ri~ht, ·which at once changed direction, moving rapidly to the left. Fifteen rounas were fired, HEADQUARTERS THIRD BRIGADE, LIGHT DIVISION, when, the distance being greatly increased, I ordered Captain Bachman to cease October 26, 1862. firing. At 1 o'clock p . m. Captain Reilly was ordered to the left of the turnpike * * * * * * * and to take position with other batteries on a bill commandil1g the hills near­ On Thursday, August 2 , near Sudley Ford, this brigade wa.s held in reserve Groveton House. by order of General Hill; was under fire, but took no active part, o.nd after the enemy gave way moved forward and bivouacked for the night on the field. Early on Friday, August 29, the march was resumed, with directions to be pre­ Report of Col. E. M. Law, of Hood's division, Longstreet' command, of second pared for an attaek near the railroad. General Gregg's brigade meeting the battle of Manassas. enemy there, this brigade advanced to his right, the regiments being thrown in HEADQUARTERS THIRD BRIGADE, September 10, 1862. successively until nll became engaged. The enemy were in strong position on t.he railroad. Lt'.aving* Thoroughfare* Gap* at sum·ise* on the 29th* the brigade* marched* In the We a.t once advanced and drove them from it. This position we were ordered directionofMa.nassasJunction. At Gainesville, on the Warrenton turnpike, the to hold, and, if possible, avoid bringing on a general enga.gement, and held it line of march changed abruptly to the len along the t.urnpike in the direction or against several attacks of the enemy in strong force during the day. Iu the af­ Centreville. On arriving about midway between Gainesville and the stone house. ternoon an overwhelming force attacked us, now almost without ammunition, which issituatedatth ejunetion of the turnpike and the Sudley Ford road, I was in front and on the left flanks, and forced us back a short distance, when Gen­ ordered by Brigadier-General Hood, commanding the division, to form the bri­ eral Pender's brigade advanced promptly and in fine Order to the assistance of gade in line of battle to the left of the turnpike and almost at right angles with the third, most of which joined General Pender, and together they drove back it, the right resting on the road and the left connecting with General Jackson's 11he enemy some distance beyond our previous position, which was held until line. night, the brigade bivouacking on the field. The opposing* force* of the enemy,* as I learned* from* captured* officers, consisted* Report of Brig. Gen. S. ~IcGowan. of General King's division of four brigades and a battery of howitzers. Oae piece HEADQUARTERS SEOOND BRIGADE, w as captured and about a hundred prisoners. Among the prisoners w ere Captain A. P. HILL'S LIGHT DIVISION, SEOONl> ARliiY CoRPS, Judson, assistant adjutant-general to General Hatch, and Captain Garish, of the Camp Gregg, Vi1'ginia, Febn.w.ry 9, 1863. battery. During the night of the 29th, under orders from General Hood, I resumed the position to the rear of Grovet-on which I had occupied in the morning. Friday,* the 29th, *was t.he glorious* but* bloody day for the brigade.* It* may be allowed for us to claim that by holding the left steady on Fridaywecontributed to the success of the great battle on Saturday. The distinguished brigadier-gen­ R eport of Brig. Gen. J. B. IIood of operations of his division, Longstreet's com­ eral who commanded, and was present everywhere during the day and exerting mand, from Freeman's Ford. himself to the utmost, was himself spared only to fall upon another victorious DIVISION HEAQUARTERS, September 2i, 1862. field (Fredericksburg), but many of our noblest and best officers and men fell there. The aggregate of the killed and wounded of the b1·igade in this battle On arriving* at Thoroughfare* Gap,* the enemy* were drawn* up *in line to dispute* was six J.mndred and thirteen (613). our pas..--age. After a spirited Jitt.leengn.gementwiththem by Gen. D. R.Jones's troops, on the evening of the 28th instant, our forces were able to bivouac for the Report of Brig. Gen. N. G. Evans, Longstreet's command. night beyond the gap. The next morning, at daylight, the march WRS again re­ sumed, with this divisioa in the advance, Lieutenant-Colonel Upton, of the HEADQUARTERS EvANS'S BRIGADE, Fifth Tex.'lS, in command of a. party of select Texas r iflemen, con tituting the Near Winchester, Va., October 13, 1862. advance guard. * * * * * * * Coming up with the rear-guard of the enemy before sunri . this gallant and On the. evening of the 29th of August the brigade engaged the skirmishers of di.sting-aished officer drove them before him so rapidly that halts would have to the enemy in considerable force on the south side of the road near Groveton, be made for the troops in rear to rest. Early in the day we came up with the and rendered efficient co-operation to the commands of General Wilcox on the main body of the enemy on the plains of ~Ianassas, engaging General .Jackson's left and General Hood on the right in driving the enemy from his position. The forces. Disposition of the troops being made, the Texas brig-ade advanced in enemy falling back, and the darkness of the night concealing his movements, line of battle down and on the immediate right of the pike leading to the stone I formed my brigade in the camp of the enemy, until ordered to fall back by bridge, and Colonel Law's brigade ou the left. Arriving on a line with the line­ the major-general commanding. Leaving a st.rong picket in my front, I with­ of battle established by General Jackson, the division wa halted by order o! drew about a mile to the rear. the general commanding. .1884. CONGRES8IONAL RECORD- SENATE. 1849

About 4 o clock in the afternoon the enemy made a fierce atta~k upon General in my front, and in so strong a position thatitwasnotdeerr.edadvisabletomove: Jackson, his noble troops holding their ground 'vith their usual gallantry. on against his immediat-e front; so the troops were quietly withdrawn at 1 At sunset an order came to me from the commanding general to move forward o'clock the following morning. The wheels of the captured piece were cut down,. and attack the enemy. Before, however, this division could come to attention and it was left on the ground. The enemy seized that opportunity to claim a they were attacked, and I instantly ordered the two brigades to move forward victory, and the Federal commander was so impudent as to dispatch his Gov­ and charge the enemy, which they did mo t gallantly, driving them in confu­ ernment by telegraph tidings t-o that effect. After withdrawing from the attack sion in front of them. Colonel Law's brigade, being engaged with a very heavy my troops were placed in the line first occupied and in the originul order. force of the enemy, captured one piece of u.rt.illery, three stand of colors, and one hundred prisoners, and the Texas brigade three stand of colors. It soon I now desire to call attention to the report of General Robert E. Lee became so very dark that it was impossible to pursue the enen1y any farther. of the first day, second Bull Run, A.ugust 29, 1862. It is as follows: At 12 o'clock at nightorderscame to retake our poEition on the right of General Jackson. The next morning, the 29th, tbe enemy had taken a position to interpose his army between General Jackson and Alexandria, and about 10 a.m. opened with artillery upon the right of Jnckson's line. The troops of the latter were dis­ Report of Major-General Stuart of opexations immediately preced\ng and includ­ posed in rear of Groveton, along the line of the unfinished branch of the .Manas­ ing the battle of Groveton. sas Gap Railroad, and extended from a point a short distance west of the hlrn­ pike toward Sudley 1\fill, Jackson's division, under Brigad,ier-General Starke HEADQUARTERS STUART'S CAVALRY DIVISION, 1 ARMY OF NORTHERN VIRGINIA, being on the right; Ewell's, under General Lawton, in the center, aud A. P. Hil"l • February 28, 1863. on the left. The FederalArmywasevidentlyconcentratinguponJackson, with the design of overwhelming him before the arrival of Longstreet. The htt<.r The next* morning,* 29th, in *pursuance of General* Jackson's* wishes, *I set out officer left his position, oppo ite Warrenton ~prings, on the 26th, being relieved again to endeavor to establish communication ''>ith Longstreet, from whom he by General R. H. Anderson's division, and marched to join Jackson. He crossed had received a favorable report the night before. Just after leaving the Sudley s.t Kinson's (Hinson's) Mill in the afternoon and encamped near Orlean that road my party was fued on from the wood bordering the road, which was in night. The next day he reached the White Plains, his march being retarded by rear of Jackson's lines, and which the enemy had penetrated with a small force, the wantofcavalry to ascertain themeaningofcertainmovementsoftheenemy it was afterwards ascertained, and captured some stra.gglers. They were be­ from the direction of Warrenton, who seemed to menace the right of his column. tween General Jackson and his baggage at Sud ley. On the 28th, arriving at Thoroughfare Gap, he found the enemy prepared to I immediately sent to Major Patrick, whose six companies of cavalry were dispute his progress. General D. R. Jones's division, being ordered to force the near Sudley, to interpose in defense of the baggage, and use all the means at passage of the mountain, quickly dislodged the enemy's sharpshooters from the hand for its protection, and order the baggage at once to start for Aldie. Gen­ trees and rocks and advanced into the gorge. The enemy held the eastern ex­ eral Jackson, also being notified of this movement in his rear, sent back infantry tremity of the pass in large force, and directed a heavy fire of artillery upon the to close the woods. Captain Pelham, always at the right place at the right time, road leading through it and upon the sides of the mountain. The ground occu­ unlimbered his battery, and soon dispersed that portion in the woods. Major pied by Jones afforded no opportunity for the employment of artillery. Hood, Patrick was attacked later, but he repulsed the enemy with considerable loss, with two brigades, and Wilcox, with three, were ordered to turn the enemy's though not without loss to us, for the gallant major himself, setting the example right-the former moving over the mountain by a narrow path to the left of the to his men, wa.s mortally wounded. He lived long enough to witness the tri­ pass, and the latter farther to the north, by Hopewell Pass. umph of our arms, and expired thns in the arms of victory. The sacrifice was Before these troops reached their destination the enemy advanced and attacked noble, but the loss to us irreparable. Jones's left, under Brig. Gen. G. T. Anderson. Being vigorously repulsed he I met with the head of General Longstreet's column between Hay Market and withdl:ew to his position at the eastern end of the gap, from which lle kept up an Gainesville, and there communicated to the commanding general General Jack­ acth·e fue of artillery until dark and then retreated. Generals Jones and Wil­ son's position and the enemy's. I then passed the cavalry through the column, cox hi vouacked that night east of the mountain, and on the morning of the 29th so as to place it on Longstreet's right flank, and advanced directly toward M~ the whole command resumed the march, the sound of cannon at Manassas an­ na.ssas, while the column kept directly down the pike to join General Jackson's nouncing that Jackson wasalre..'l.dy engaged. Longstreet entered the tun1pike right. I selected a fine position for a battery on the right, and one having been near Gainesville, and moving down toward Groveton the head of his column sent to me.t I fued a few shots at the enemy's supposed position, which induced came upon the field in rear of the enemy's left, which bad already opened with him to shin his position. General Robertson, who with his command was sent artillery upon Jackson's right, as previously described. He immediately placed to reconnoiter further down the road toward Manassas, reported the enemy in some of his batteries in po ition, but before he could complete his dispositions his front. Upon repairing to that front, I found that Rosser's regiment was en­ to attack the enemy withdrew, not, however, without loss from our artillery. gaged with the enemy to the left of the road, and Robertson's vedettes had found Longstreet took possession [position?] on the right of Jackson, Hood's two bri­ the enemy approaching from the dir~ction of Bristoe Station toward Sudley. gades, supported by Evans, being deployed across the turnpike and at right The prolongation of his line of march would have passed through my position, angles to it. These troops were supported on the left by three brigades under which was a very fine oae for artillery as well as observation, and struck Long­ General Wilcox and by a like force on the right under General Kemper. D. street in flank. I waited his approach long enough to ascertain that there was R. Jones's division formed the extreme right of the line, resting on the Manassas at least an army corps, at the same time keeping detachments of cavalry drag­ Gap Railroad. The cavalry guarded our right and left flanks, that on the right ging brush down the road from the direction of Gainesville, so as to deceive the being under General Stuart in person. After the arrival of Longstreet the enemy enemy (a ruse which Porter's report shows was successful), and notified the changed his position, and began to concentrate opposite Jack on's left, opening commanding general, then opposite me on the turnpike, that Longstreet's flank a. bri k artillery fire, which was responded to with effect by some of General A. and rear were seriously threatened and of the importance to us of the ridge I P. Hill's batteries. then held. Immediately upon the receipt of that intelligence Jenkins's, Kemp­ Colonel Walton placed a. part of his artillery upon a commanding position be­ er's, and D. R. Jones's brigades and several pieces of artillery were ordered to tween Generals Jackson and Longstreet, by orde1· of the latter, and engaged me by General Longstreet, and, being placed in position fronting Bristoe, the enemy vigorously for several hours. Soon afterward General Stuart re­ awaited the enemy's advance. • ported the approach of a large force from the direction ofBristoe Station, threat­ After exchanging a few shots with rifle piece this corps 'vitbdrew toward ening Longstreet"s right. The brigades under General Wilcox were sent to re­ Manassas, leaving artillery and supports to hold the position till night. Briga­ enforce General Jones, but no serious attack was made, and after fuing a few dier-General Fitz Lee returned to the vicinity of Sudley, after a successful expe­ shots the enemy withdrew. While this demonstration was being made on our dition, of which his official report has not been received, and was instructed to right a large force advanced to assail the left of General Jackson's .position, oc­ co-operate with Jackson's left. Late in the afternoon the artillery on this com­ cupied by the division of General A. P. Hill. The attack was received by his manding ridge was, to an important degree, auxiliary to the attack upon the troops with their accustomed steadiness, and the battle raged with great fury. enemy, and Jenkins's brigade repulsed the enemy in handsome style at one vol­ The enemy was repeatedly repulsed, but again pressed on the attack with ley as they advanced across the corn field. Thus the day ended, our lines hav­ fresh troops. Once he succeeded in penetrating an interval between General ing considerably advanced. Gregg's brigade, on the extreme left, and that of General Thomas, but was quickly driven back with gre..'\tslaughter by the Fourt-eenth South Carolina Reg­ General Longstreet, in his report, says: iment, then in reserve, and the Forty-ninth Georgia,ofThomas'sbrigade. The !IEADQ.UARTERS NEAR WINCHESTER, VA., 0ctober10, 1862. contest was close and obstinate; the combatants sometimes delivered theh· fire at ten paces. General Gregg, whowasmostexposed, was re-enforced by Hays's * * * * * * * brigade, under General Forno, and successfully and gallantly resisted the attack Early on the 29th (August) the colunins were united, and the advance to join of the enemy until, the ammunition of his brigade being exhausted and all its fiefd General Jackson was resumed. The noise of battle wns heard before we reached officers but two killed or wounded, it was relieved, after several hours of severe Gainesville. The march was quickened to the extent of our capacity. The ex­ fighting, by Early's brigade and the Eighth Louisiana Regiment. citementof battle seemed to g1ve new life and strength to our jaded men, and General Early drove the enemy back with heavy loss and pursued about two the head of my column soon reached a position in rear of the enemy's left flank hun rued yards beyond the line of battle, when he was recalled to the posit-ion on and within easy cannon-shot. the railroad, where Thomas, Bender, and Archer had fumly held their grouud On approaching the field some of Brigadier-General Hood's batteries were or­ against every attack. While the battle was raging on Jackson's left General dered into position, and his division was deployed on the right and left of the Longstreet ordered Hood and Evans to advance, but before the order could be turnpike, at right angles with it, and supported by Brigadier-General Evans's obeyed Hood was himself attacked, and his command became at once warmly brigade. Before these batteries could open the enemy discovered our move­ engaged. General Wilcox was recalled from the right and ordered to advance ments and withdrew his left. Another battery (Captain Stribling's) was placed on Hood's left, and one of Kemper's brigades, under Colonel Hunton, moved upon a commanding position to my right, which played upon the rear of the forward on his right. The enemy was repulsed by Hood after a severt> cont('st. enemy's left and drove him entirely from that pr.rt of the field. He changed his and fell back, closely followed by our troops. The battle continued until9p. m., front rapidly, so as to meet the advance of Hood and Evans. the enemy retreating until he had reached a strong position, which he held with Three brigades, under General Wilcox, were thrown forward t-o the support a large force. The darkness of the night put a stop to the engagement, and our of the left, and three others, under General Kemper, to the support of the dght troops remained in their advanced position until early next morning, when they of these commands. General D. R. Jones's division was placed upon the Manas­ were withdrawn to their first line. One piece of artillery, several stand of rol­ sas Gap Railroad- ors, and a number of prisoners were captured. Our loss was severe in this en­ ONLY CAVALRY, BRUSH, AND DUST. gagement. Brigadier-Generals Field and Trimble and Colonel Forno, com­ manding Hays's brigade, were severely wounded, and several other valuable Not on this road [indicating] that Porter was on- officers killed or disabled, whose names are mentioned in the accompanying upon the Manassas Ga.p Railroad, to the right and in echelon with regard to the r<'ports. three last brigades. Colonel Walton placed his batteries in a commanding posi­ FITz..JOHN PORTER'S TESTIJIIONY. tion between my line and that of General Jackson, and engaged the enemy for several hours in a severe and successful artillery duel. At a late hour in the day Fitz-John Porter himself gave testimony before the court of inquiry J.lajor-General Stuart reported the approach of the enemy in heavy columns on General McDowell in Washington city: He appeared before that against my extreme right. I withdrew General Wilcox with his three bri!mdes board and gave testimony a follows (page 1010 board record): from the left, and placed his command in position to support Jones in ca e"'of an attack S..,<>'ll.in t my right. After some few shots the enemy withdrew his forces. By Generall\IcDOWELL: moving them around toward his front, and about4 o'clock in the afternoon be1ro:ri Q. Under what relations as to command did you and General McDowell move to pre'3s forward agaimd. General Jn.ckson·s position. Wilcox's brigaSrul Junction for- at mght. One p1ece of artlllt:ry,several regunental tandurds, and a number of C'rllinesville? · prisoners were taken. The enemy's entire force wa found to be IDOilS!!ed directly A. The hour the head of the column left, I presume, wa · about 10 o'cloc.k; it 185() CONGR.ESSIONAL RECORD- SENATE. ~l.ARCH 13~

n1ay have been earlier. Ammunition had bee n distributed to the men or was I put it in such form (perhaps not entirely qourteous) because I had understood ered about 3,500 men. Their exact the front, upon which the dispositions of the army were made, varied at different strength I do not know. That was the impression I got from General Sturgis. periods of the day and night. And it was not until toward daylight in the morn­ Q. What was his entire command? ing of the 29th that I became thoroughly satisfied of t.he position of the enemy, A. That was his entire command. I understood him to have had from 12,000 and of the necessary movements of the troops to be made in consequence. The to 12,500 men at 1\fo.nassas Junction . .orders that I gave to General Porter on the 29th of August, as I remember them, Q. What was the distance between :Manas as Junction and the scene of this were four. One of them was dated in the night I think; I do not remember the engagement of which you speak? time. A. Between five and sL...: miles, I think, though I had not beeu myself over the That order I think required him, in consequence of information we had re­ road. ceived of the -enemy's forces beyond Centreville, to move upon Centreville. Q . Do you know the character of the road? Had you pa ed over it? But about daylight in the morning I sent General Porter an order to take his A. I had not passed over it. -own army corps, which was then at Manassa.s Junction, and which by my order Q. Did General Porter obey the order addressed to him and General Mc­ had been re-enforced by the brigade of General Piatt, which had come up there Dowell? in the command of General Sturgis, and King's division of McDowell's corps, A.. I do not know whether he obeyed it; he did not obey it fully; how far he which had withdrawn to Manassas Junct.ion or to that vicinity during the obeyed it I am not able to say; he certainly did not obey the order fully. night of t.he 28th, and move forward in the direction of Gainesville. Q. If he had obeyed it would it not have brought him up witil the enemy be- An hour and a half later I received a note from General McDowell, whom I fore half past 4 in the e>ening1 ? had not been able to find until that hour in themorning,requestingthatKing's A. Yes,sir. ·division of his corps be not turned over to General Porter, but that he be allowed Q. On your arriving on the battlefield, where was he reported to you t.o be ? to conduct it himself. I thensentajointordertoGeneralsPorter and McDowell, A. I arrived on the battlefield at 12 o'clock, about noon. At 4.30 p.m. nobody ~irected to them at Manassas Junction, specifying in detail the movement that on the field knew where General Porter was at all. I wished to be made by the troops under their command-the withdrawal of Q . Did or did not General Porter obey the second order to which you refer, is­ King's division of McDowell's corps, which during the greater part of the night sued at four and a half o'clock on the 29th of August, directing him to engage I had understood to be on the Warrenton turnpike and west of the troops under the enemy in flank, and, if possible, in rear? Jackson. Their withdra wal to Manassas Junction, !feared, had left open Jack­ A. He did not, so far as my knowledge of the fact goes. son's retreat in the direction of Thoroughfare Gap, to which point the main por­ Q. You have no knowledge of his having made any attack then ? tion of the army of Lee was then tending to re-enforce him. I did not desire t.o A. I should have known it if he had attacked. pursue Jackson beyond the town of Gainesville, a.s we could not have done so Q. Will you state to the court and describe the condition of the battlefield at -on account of the want of supplies-rations for the men and forage for the horses. that hour and the importance of his obedience of that order to the success of your My order to Generals Porter and McDowell is, therefore, worded that they troops? shall pursue the route to Gainesville until they effect a junction with the forces A. Late in the afternoon of the 29th, perhaps toward half past 5 or 6 o'clock­ that are marching upon Gainesville to Centre-ville-t.he forces under Heintzel­ about the time that I hoped that General Porter would be in his position and be man, Sigel, and Reno; and that when that junction was formed (as I expected assaulting the enemy on the flank, and when General McDowell had himself ar­ it would have been very near to Gainesville) the whole command should halt, rived with his corps on the field of battle-! directed an attack to be made on the it being, as I stated before, not feasible with my comma.nd in the condition it left of the enemy's line, which was handsomely done by H e intzelma n's corps was in, on account of supplies, to pursue Jackson's forces farther. During the and Reno's corps. The enemy wa-s driven back in all directions and left a large whole morning the forces under Sigel and Heintzelman had kept up a skirmish­ part of the ground with his dead and wounded upon it in our po e ion. Had ing with the r ear of Jackson's forces, they retiring in the direction of Gaines­ General Porter fallen upon the flank of the enem y, as it was h oped, at any time ville. They were brought to a stand at th~ little town of Groveton, about eight up to 8 o'clock that night, it is my firm conviction that we should have destroy e~ miles, I :think, from Centreville, and perhaps five or six miles from Gainesville. the army of Jackson. When I rode ont.o the field of battle, which was about noon (having been de­ Q. You h ave stated that General McDowell obeyed that order so far as to ap­ 'layed at Centreville), I found that the troops had been sharply engaged, and pear upon the battlefield with his command? were still confronting each other. A . Yes, sir. He arrived on the battlefield, I think, about 5 o'clock, and im­ General Sigel reported to me that he needed re-enforcements in the front; that mediately pushed forward his corps to the front; the division of General King his line was weak, and that his troops r equired to be withdrawn from the ac­ having a very sharp engagement with the enemy along the 'Varrenton turnpike, tion. I told him (as I did General Heintzelman, who was present on the ground) in adva nce of the position that we had occupied during the d ay. that I only wished them to maintain their positions, as the corps of McDowell Q. To rea.ch the. battlefield, had or had not General McDowell as great a dis­ and Porter were then on the marchfroml'llana-ssasJunction toward the enemy's tance to march as General Porter? right flank and ought in a very short time to be in such position as to fall upon A. Yes, sir ; I should think fully as grea t. -that portion of his line. I de.sired them, therefore, only to maintain the positions Q . I believe yon have stated the distance from Manassas Junction to the bat­ et for th in the fourt h sp ecifica­ ·their trains also-receiving this note, purporting to be from General Porter to tion of the first cha rge. I will ask you if General Portee obeyed that order or -Generals McDowell and King, I sent an order to General Porter directing him, hot? immediately upon the receipt of the order, to m ar ch his whole command to the A. General Porter appeared himself on the field the next morning with a por­

Q,. Do you or not. know at what point those brigades were separated from his crossingofthe Sud ley Springs. or Gum Spring, oro ld Curoli na road, with the road command? from .Manassas Junction to U.ainesville. The rear of General Porter'scommand A. I do not. was beyond that road the head of it stretching out here in this direction [indi­ Q. 'Vhat brigades were they? cating on the map]. A. One was G-eneral Griffin's brigade; the other was General Piatt's brigade. Q. Can you speak with any confidence as to the hour of the day at which you I would say, however, of the latter brigade, that when they reached Centreville communicated to General Porter the contents of this note from General Buford? and found there was a battle going on in the ad,·ance they marched forward to A. It was somewhere before noon, I think. It is impos ible fot· me to keep the the field and made their appearance on the ground and took part in the action hours of the day in my mind on such occasions. I have tried it several times, but late in the afternoon of the 30th of August. That is, the brigade of General have never succeeded except someimportantthings,such as daylight and dark­ Piatt. They did so without orders to that effect from anybody. ness. It was communicated a short time after it was received. Q. Do you know what became of General Griffin's brigade or where it was Q. Did you or not, upon communicating this note, confer with General Porter during the battle of the 30th of August? in reference to his movements and your own? A. Of my own knowledge I do not know, except wlw.t was reported to me by A. I did. .aid-de-camp from Centreville, that the brigade was there. Q. "Will you state fully what occurred in that. conference? Q.. It took no part in the action? A. On passing t.he head of General Porters column, which was on the t·oad I A.. No, sir. have before ment,ioned, General Porter was in advance of the head of his column, Q. Will you state what effect, if any, was produced, or was liable to be pro­ I think, on a. slight eminence or knoll or rise of ground, with some of his stall' duced, on the fortunes of that battle by the absence of that force? near him. A. A very great effect. I do not know the strength of General Griffin's bri­ I rode up to him (Porter] ; I saw that he bad the same order as myself in the ,ga,de; but a brigade of four regiments and a bat,teryofartillery, as I understand joint order. it. That was utterly withdrawn from the field; took no part in the action. Soon aft.er my attention was directed to some skirmishing, I think some drop­ General Piatt's command got up very late; too late to do anything, except, in­ ping shots in front of us. The country in front of the position where General deed, to contribute to enable us to maintain our ground until thedarknessclosed Porter was when I joined him was open for several hundred yards, and near, the fight. The presence of the other brigade would tmdoubtedly have been of as I suppose, by seeing the dust coming up above the trees, the 'Varrenton turn­ immense benefit. pike, which was covered from view by the wood . How deep those woods were Q. Did or did you not regard the withdrawal of these brigades from General 1 do not know. It did notseematthattimeto be a great distance to that road­ Porter's command, under the circumstances, a clear violation of the order issued the Wan-enton turnpike. I had an impression at the time that those skirmish­ to him to report with his command on the battlefield? ers where engaged with some of the enemy near that road. I rode with. General (Question objected to by a member of the court.) Porter from the position be occupied, eastward, to the right-that is, the column The room was cleared, and the court proceeded to deliberate with clo ed doors. being somewhat west of north, lind I going east, made an angle with the line of After some time the doors were reopened. Whereupon- troops on the road. The judge-advocate stated the decision of the court to be that the que tion The joint order of General Pope was discussed between us-the point to be hould be propounded to the witness. held in view, of not going so far that we should not be able to get beyond Bull Q. (Repeated.) Did or did you not regard the withdrawal of those brigades Run that night; that was one point, the road being blocked with General Por­ from General Porter's command, under the circumstances, a clear violation of ter's troops, from where the head of his column was back to Bethlehem church; :the order issued to him to report with his command on the battlefield? the sound of battle, which seemed to be at its height on our right toward Grove­ A. Undoubtedly. ton ; the note of General Buford, indicating the force that bad passed through Q. Will you s: .. le to the court whether or not vou had made known to Gen­ Gainesville, and, as he said, was moving toward Groveton, where the battle was -eral Porter the position of the enemy's forces, and your plans and intentions so going on the dust ascending above the trees, seeming to indicate that force to far and so fully that he knew the critical condition of your army and the im­ be not a great distance from the head of General Porter's column. portance of rapid movements and prompt and energetic action to secure your I am speaking now of that force of the enemy referred to by General Buford :Supplies and to guarantee success? as passing down the Warrenton turnpike toward Groveton. I understand this A. It has been my habit to talk very freely with all officers having large com­ note of General Buford to refer to a force of the enemy. The question with me mands in the army which I commanded. How far I informed General Porter was how soonest within the limit fixed by General Pope this force of ours could ! am not now able to say. But I should presume, from my habitual practice be applied against the enemy. General Porter made a remark to me which and from conversations that I had with him, that he understood pretty fully the showed me that he had no question but that the enemy was in his immediate condition of the army and the position of the various corps of the army. 'Vhat front. I said to him: "You put your force in here, and I will take mine up the I regarded as a necessity it is altogether possible he might have had a different Sudley Springs road on the left of the troops engaged at that point with the en­ -opinion about. Therefore I can not say that he understood the necessity which emy," or words to that effect. I left General Porter with the belief and under­ I understood. standing that he would put his force in at that point. I moved back by the shortest road I could find to the head of my own troops, Major-General PORTER: who were near Bethlehem church, and immediately turned them up north on GENERAL: Immediately upon receipt of this order, the precise hour of which the Sudley Springs road to join General Reynolds's division, which belonged t.:> you will acknowledge, you will march your command to the field of battle of to­ my command, and which I had directed to co-operate with General Sigel in the -day,and report to me in person for orders. You are to understand that you are movements he (General Sigel) was making at the time I left him in the morn­ -expected to comply strictly with this order, and to be present on the field within ing. After seeing the larger part of my troops on the Sud ley Springs road I rode three hours after its reception, or after daybreak to-morrow morning. forward to the head of the column. 1 met a messenger from General Pope. I stopped him, and saw that be had an order addressed to General Porter alone. GENERAL H'DOWELL TESTIFIES. I do not recollect more than the general purport or tenor of that order. It WIUI te the effect that be should throw his corps upon the right flank or rear of the General 1\IcDowell, in SJ?eaking of the order, says (court-martial enemy from the position he then occupied. When I say right flank. I do so record, pages 82, 83, and 84): merely because of my knowledge of the position of the forces, not from any That was the only order I received from General Pope that day. recollection of what that order contained on that point. . Q. 'Vas or was not the messenger to whom you refer who bore that order o. Q.. How did you regard that order; asplacingGeneralPorterinsubordination staff officer, Capt. Douglas Pope? ·h) you, or as indicating that you were both to act independently of each other A. I do not recollect; I do not think it was . . at)d each of you in subordination to General Pope? Q. You diu not meet on the way, or take from the hands of any other taft' A. I can not say that at that time the order occupied my mind in connection officer on that day, an order from General Pope to General Porter exrept this with the question of subordination or otherwise. In starting out on this road, one, did you? 'as I mentioned before, General Porter hnd started out ahead of me under the A . No sir; and I did not take this from his bands in one sense. I examined -order he had himself received fmm General Pope to move with his corps and one 1 ·of ruy divisions on a certain road, and I think for a certain purpose, though I aru it, gave 1t back to him, and he went on his way. not certain as to that. At that time I conceived General Porter to be under me. Q. Is Captain Pope personally known to you? When the joint order reached us we were doing what that joint order directed A.. Yes, sir; he is. My impression is that it was not Captain Pope, but I will us do. '.rhat joint order found the troops in the position in which it directed not be confident. I do not remember who it was. te Q. I will read you an order which is set fortR in pecification l of charge ·2. hem to be. That joint order gave a discr~tion to the effect that if any consider­ -able advantages were •to be gained by departing from that order it was not to be (The order was read accordingly.) Do you or not recognize that as the order trictly construed. which you saw and read? I decided that considerable advantages were to be gained by departing from A. I can only say that the order that I saw in passing was of that same import. that order, and I did not construe it or strictly carry it out. Thatordercontem­ Whether that was the order or not I can not say. ;plated aline being formed which was to be joined on to aline th.at was to come Q. You have said that the accused made an observation to you wbichshowcd up from the east to the west, and have troops on the Gainesville road to attack that he was satisfied that the enemy was in his immediate front; will you state tbe flank and rear of the enemy, as I understood it, in moving along on the what that observation was? ·Gainesville·road. This long line of troops-those who were ahead of me, Gen­ A. I do not know that I can repeat if, exactly, and I do not know that the ac­ ·eral Porter's corps-coming to a halt, I moved along and rode by his corps to the cused meant exactly what the remark might seem to imp!:;. The observation head of the colunin. On the way up to the head of thecolumnireceivedanote was to the effect-putting his hand in the direction of the dust rising above the tops of the trees-" We can not go iR. there anywhere without gettinrr into a from General Buford, addressed to General Ricketts, and to be forwarded t.o me. fight." . "This note was addressed primarily to General Ricketts, and then to myself, for I do not think General Buford knew of General Porter's being there at the time Q.. 'Vbat reply did you make to that remark ~ · ··be wrote it. I will read the note: A.. I think to this effect: "That is what we came here for. " Q. Were there any obstacles in the way of the advance on the part of Gene ral HEADQUARTERS CAVALRY BRIGADE-9.30 a.m. Porter's command upon the flank of the enemy? GEYERAL RICKETTS: Seventeen regiments one battery, five hundred cavalry A. That depends upon what you would call obstades. A. wood iti an obstacle. passed through Gainesville three-quarters of an hour ago on the Centreville Q. I mean insuperable obstades, in a military sense. >Toad. I think this division should join our forces now engaged at once. A. I do not think we so regarded it at that time. I did not. Please forward this. Q. Was or not the battle raging at that time? .JO~ BUFORD, Brigadier-Geneml. A. The battle was raging on our right; that is, if yon regard the lin of the road from Bethlehem church to Gainesville to be substantially northwest, the This was addressed to General Ricketts, who commanded a division. I do battle was raging to the right and east of tllat line at Groveton . . not know whether it went to General Ricketts direct or came to me direct or Q. At what hour did you arrive upon the battlefield with your command and came to me from General Ricketts. I infer it had reference to that division. take part in the engagement? ·General Buford belonged to General Banks's corps, but had been temporarily A.. I can not say as to hours. •under my orders the day before, and had gone up to Thoroughfare Hap with Q. As nearly as you can? Ricketts's division at the time I expected a force of the enemy to come through A. It was in the afternoon. I do not know at what time the sun set. I should that gap; and he had fallen back with Ricketts, and at th:J.t time, as I under- not be able 1;o fix the hour. It may have beea 4 o'clock or 5 o'clock. One of my . stood. occupied a position to our left and front. divisions, which had been the day before up to Thoroughfare, and the day be­ Q. Did you or not communicate to General Porter the contents of the note fore that on a long march extending to late in the night, and which had started ·from General Buford, which you have read? that day, Friday, and had marched since 1 o'clock in the morning, had its rear­ A. Yes,sir; Ididcommunicateittohim. guard some distance behind, and that rear-guard did not g et up to Man~as Q. Where was General Porter's command at that time? until the next morning, though it got within a eouple of miles of that place. A. On this road leading from Manassas Junction by way of Bethlehem chape 1 That was the rear-guard of the corps, in that instance a. brigade . .-or church toward Gainesville. The rear of his column had passed by Bethlehem Q . Did you or not afterward see General Porter during that engagement of the .chapel, which is at the junction of the Sudley Springs road with the road from 29th . . Mana.'!Sas .Junction to Gainesville. A. No, sir; I did not. Q. Bethlehem church enables you to identify that position? Q. Did he or not, with his command, take any part in that battle? A. Yes, sir. It is at the junction, or the crossing rather, a litl' e bey nd the . I do not know of my own knowledge. ·,

1852 CONGRESSIONAL RECORD- SENATE.

. Q. \Vhat would probably have been the effect upon the fortunes of that battle Q. How long would it have taken them if they had marched as fast as you if betwcen5 and 6o'clock in the afternoon, General Porter with his whole force think they could have marched? ll~d thrown himself upon the right wing oftheenemy, as directed in this order A. I have formed no estimate as to how fast those troops can march. of -1.30 p. m. of the 29th of August, which has been read to you? Q. If those troops, in fact, marched as fast as you have marched your own A. It is a mere opinion that you .ask? troops upon any occasion, how long would it have taken them? Q. Yes, sir. A. To go from Gainesville? A. I think it would have been decisive in our favor. Q. Yes, sir. Q. Did any considerable portion of the c.o nfederate forces attack General Pope's A. Without stops, without obstacles, formations, or checks of any kind, simply left on Saturday, passing over the ground that General Porter would ha-v-e passed marching along the road? over had he attacked the enemy's right on Friday? Q. The question has reference to the country as it is, a distance of, as you say, A. I can not say. They may have done so. I do not know. about four miles. Q. All the localities of which you have poken in your test.imony are in tb A. It was somewhere between four and six miles. Troop march readily State of Virginia, are they not? from two miles to two miles and a half an hour, if there is nothing to prevent A. Y es, sir. them, if they are not disturbed by stopping up the roads with wagons, getting Examination by the judge-advocate here clo_ed. breakfast, or something of that kind. Q. From your knowledge of the actual condition of the country over which Examination by the AccuSED: that force was supposed to be passing, can you tell whether there were any ob- Q. Will you say whether you found General Porter·s corps in the position sta Porte-r of 4.30 p. m. of the 29th of August, you, under the discretion you sup­ have spoken, had you seen the accused before you saw him on tile 28th of August?· posed was reposed in you by the joint orde r to yourself and General Porter, had A. I had not seen him dming that campaign before I saw him on the 29th o[ directed him to attack the enemy's right flank and rear? August. A.. To that effect, yes, sir; I knew I had that discretion; I did not suppose it. Q. How long were you together during that interview of the 29th of August? This is the clause under which I supposed, if you prefer that term, I had that A. I can not fix the exa<:t time. We rode together some di tance; perhap a.. discretion: "If any considerable advantages are to be gained by departing from mile ; perhaps it may have been more; I do not recollect now. t.his order, it will not be strictly carded out." That joint order contemplated Q. Was it five, ten, fifteen, or twenty minutes? General Porter's corps and my own to be employed differently from the way I A. Yes, sir. bad arranged when I left General Porter. which arrangement was to separate Q. Which? them, leaving him alone on the Gainesville road, while I went up the Sudley A. You may put it at fifteen minutes or at twenty minutes. Springs road. Q. Dnriug that conversation, that interview, did the accused say.anything ot·· Q. Did you under that joint order suppose that you were aut.horized to take do anything from which you inferred disloyalty upon his part, or unwillingness any pa.rt (f)f General Porter's command and plo.ce it in such a position that it to perform his duty under the command of General Pope? would not have been in the power of his command to reach Bull Run that night A. No, sir; what he said was the reverse He profe sed to have but one feel­ or the follo,ving morning? · ing, which was i.~ •• t for the success of his country. This was said, I think, in. A. That question, if I understand it, did not come up in my mind. The order reference to the embarrassment which I have before alluded to, about General· itself stated that one thing was to be held in view. I will read that part of the King's division going- under him, General Porter. It was not a question with order. ·• One thing must be held in view, that the troops must 1:>ccupy a posi­ me about loyalty or disloyalty; I never think of such things; what I mean is tion from which they can reach Bull Run to-night or by morning." this: I assume everybody to be loyal; my suspicions do not run that way. The­ Q. Was it your understa.nding of that joint order of the 29th of August that suspicion that persons who hold commissions as general officers in the Anny are you could, under that order, direct General Porter to take his command into a disloyal does not occur to me. position from which that" one thing" could not be accomplished? Q. It is not recollected what you said in relation to the embarrassment you A. Certainly not. The order does not say that I should disobey the order, and speak of growing out of King's division being under General Porter's command._ that is what the question amounts to. \Vill you state what it was that you understood him to refer t-o? Q.. Have you any recollection that after you left. the accused on the 29th, and A. The embarrassment was rather on my side than on his; the emban-as ment t-ook with you King's division, the a<:eused sent a message to you requesting that I refer t-o was this: I came down to take King's division and bring it up along-. that division should be permitted to stay with his command? with my other division, that is, with Reynolds's dinsion, then engaged at A. I rP-ceived no such message. Groveton. I found it with an order to go under General Porter in another­ Q.. Will you say whether, in consequence of a message or otherwise, you sent direction; that was what produced the embarrassment. General Porter had. a message to the accused with your compliments telling him that you were going nothing to do with that embarra ment; I may say that we were both embar­ to the right and should take King with you, and that he, the accused, should re­ rassed, I at finding one of my divisions unuer his command and he at finding­ main where he was for the present, and if he had to fall back to do ~ on your himself under my command. I do not know that "embarrassment" is the left? proper word to use; what I meant was that I found things different from what A. I do not recollect. I expected to find. Q. Are you able to say that yon are certain that you did not send such a mes­ When I spoke of one of my divisions going under him, be suggested that I was­ sage? the senior officer as between himself and myself, and that I could take the com­ Q. That is my impression, that I did not. mand of the whole force-his corps and my own force-and we went forward at Q. What distance did you mu.rch with that portion of your command which first in that wav before the joint order reached us. I did not go to tbat place ex­ you took to the battlefield from the point where you left the accused to the point pecting to find "General Porter; I went there to find my own division, and I found· upon the battlefield that you reached with that portion of your command? General Porter there with an order to take one of my divisions under his com ­ A. Somewhere about four miles. · mand. That was not foreseen by the general-in-chief of that army, who was Q.. What road did you travel, or did you travel any route known as a roa-d ? absent, and the matter was solved in the way I have staled, I commanding Gen­ A. The troops went by the Sudley Springs road from Bethlehem church. eral Porter·s corps and my own division. We then received the joint order, Q.. When you left the accused where you found him on the 29th of August, which directed the very things which we had ourselves done. The order was were you at that time advised that Longstreet's corps or any other corps of the sent by General Pope upon the receipt of a note from me in reference to this confederate army wa marching on to unite with the right of J"a

Qeneral Reynolds. These facts I learned on the morning of Fdday, the 29th, and thence to Manassas; then from the fact that General Reynolds's division, from General Reynolds, who had been personally with King's division ; bad which had the lead on the occasion that I refer to, going from Gainesville toward ridden over to it the night before. Groveton, had gone farther on that road than I went myself, bad turned to the · Q,. Do you recollect whether you informed the accused at that interview that right and gone toward Bethlehem church; and from the fact that General King's General Ricketts had been driven from Thoroughfare Gap and that General division, which bad gone on that same road toward Groveton from Gainesville King had been driven from Gainesville by the en~my? . . and had turned down south of that road, had a..,aain gone north on to that roaG, A. I do not recollect having used such expresswns. I recollect haVIng m­ had engaged the enemy at a certain place, had fallen back to Manassas from formed him of the fact that General King's division, as I had learned from Gen­ that pla.ce, which place I learned was nearly reached, if not quite, on Friday, the eral Reynolds, had fallen back that morning, and also that ~eneral Ricketts's day of the battle, by the troops moving from Groveton west, and from the fact division bad fallen back from Thoroughfare Gap. At the tlme I saw General that the enemy's force had moved to the south on Saturday and turned our left Porter I had not got up with either of these divisions. I found them after my on that day. These movements by two divisions of my corps, my own move­ interview with him. ments, and the movements of the enemy gave me the belief that troops could Q. Did you then know that Generals Ricketts and King had met with the move through thecountrycomprised between the Warrenton turnpike and the enemy the one at Thoroughfare Gap and the other at or near Gainesville, R.nd Sudley Springs road and the road from Bethlehem church to Gainesville. I will that th~y were then falling back in consequence of the enemy? mentionfarthertbatthatcol.!ntry is a mixture of woods, clear ground, and hills, A. I knew they had met the enemY, the ~ight before, but at the tirJ?.e I met and that it i'l easy for troops to ma1·ch withoet being seen or seeing the enemy. General Porter I knew nothing of the detmls of the engagements which they Q. Does the country which you have just described include that over which had had with the enemy, nor do I recollect having said to General Porter, or General Porter was required to march in obeying the order of 4.30 p.m. from Gen­ having known, anything about the motives for General King's falling back eral Pope to attack the enemy? to Manassas from this position on the road between Gainesville and Groveton; A. Yes, sir. I would s..ver the ra1lroad from Manassas to Gamesvllle 1n a car or m a locomot1 ve, whJC,b gave me but little idea of it, as I was engaged while going overwit.h matters GENERAL DANIEL BUTTERFIELD'S TESTIMO~"Y. which prevented my paying attention to the country; next, in marching from General Daniel Butterfield, one of his own commanders, testifies as ~~1~;\~nedf!;i~~lle~~i~!~ieJ~~~/J~~e::!~~~~h~~~:~~i~~~~e~~h'::f~~~~~~ follows: off to the right and south, and going across the country to Bethlehem church, Q. State whether the point at which you were directed was on the same side 1854 OONGRE~SIONAL RECORD-SENATE. MARcH 13,

of the Manassas Railroad or on the other side from the one upon which you A. We went upon that road nearly to a small creek, or what had been origi­ were at the t.ime. nally a small creek; it was dry, or nearly so, at that time. A. The point at which I was directed was across the railroad. Q. What did you do there? Q. Which direction from the point from which you were moving? A. We then halled~and the Thirteenth New York, or a part of it, which was A. To .the right, between Groveton and Gainesville; I understood it to strike thrown out as skirmishers-a battery was planted in our front a little to our between Groveton and GainesYille, keeping tb.e movement toward Gainesville, r~ght---in the fields, and as t>he skirmishers of the Thirteenth advanced we were covering this road that led up to Gainesville-a dirt road; and the leaning, if deployed to the right into the woods; our right rested in the woods. We halted anything, was to be to the right rather than to the ]eft (road marked on the map). and lay down. This was probably 10 o'clock in the morning I should say; And in pursuance of that order I put my brigade in motion, saw that it started might have been a little later. out, and then proceeded in advance myself with my staff to makeapers-onalr~ Q,. How long did you remain there? connaissance, to look up a position and see whatever difficulties might be in the A. We remained in that position-! should say it was half past 4 when we were way. I understood myself not at liberty to bring on this engagement until the called to attention and right-about-face, and moved out from that position, left. in division could be deployed behind, unless !could gain aposition,findingaffairs front., upon the same road that we moved down on in the morning. I don't know that I could handle in front of me. the distance, but we had been marching some time. I went out personally with my staff aft.er seeing the head of my column in mo­ Q. Back t-oward Manassas Junction? tion, leaving it in charge of the senior colonel, Lansing, of the Seventeenth New A. Yes, toward l\t:anassas Junction; when au officer came riding from the. York. I proceeded until I came up in close proximity to the enemy's skirmishers, Manassas Junction way, having a dispatch, and rode up to General Porter and when one of my staff officers asked me if I proposed to taekle the enemy alone. handed him the dispatch. Then we were commanded to halt; we did. General I said no, I had troops behind; I turned around, and, to my astonishment, saw Porter dismounted, and sat down by the side of ·the road and leaned his back that my brigade that I had put in motion, and seen welloutovertowardthisdry against a tree-quite a large tree-and read the dispatch, and went up and re­ branch, were not there-had returned and were out of sight. I returned with mounted and called us to attention and right~about-face. We marched back upon great rapidity and considerable temper. I did not understand why my command the same road we had come on, moving then right in front, until we came near had left. me; I came .back and found that my brigade had moved off to the right the position of the roa d where we had moved into the woods on the right in the in these woods; which were very f,hick. There was a little road running along morning. We then moved out to the left into an open tield. The artil'lery was here, and they were out in front of t.his and had come to a halt. That is, they brought into the field and parked in our front. We were formed in line, and were back of Dawki~t's Branch, back on the high land, on this side of the rail­ ordered to stack arms; we did so. Orders were received th.at there should be road-south side of the railroad-in the woods. I asked my senior officer what no fires maqe to make any coffee; that we were to remain perfectly quiet. '.rhe it meant, his returning without any order from me; be said he had received adjutant received orders that if there were any orders received during the night orders directly to return and not to make the advance. he should deliver those orders to the commander of each regiment in person, so I was in no very pleasant humor about that method of proceeding. He of­ there should be no loud words spok en; and we were to remain. l\Ie and some fered as his excuse that the orders had come direct from a. staff officer of Gen­ of my comrades spread our blankets and were preparing to lie down for the eral Porter or from General Porter himself. I asked where General Porter wa.s. night. As we sat down, before we got ready to lie down, we heard upon our He said he had gone in this directi-on, in tbe woods, with Generall\IcDowell. I right a shout, which we knew was a charge from the shout; then \Ye heard mus­ met one of G-eneral Porter's staff officers and entered a complaint against his ketry dischar ~es . order withdrawing my troops without the order coming from me when I was in Q,. TVhat did you understand at that Um.e ~ front. I receiYed answer that it was a sudden movement in consequence of A. I felt at that time that we were expected to charge on the ,·ear and flank inoon­ something that had occurred between General Porter and Generall\IcDowell. i·tonctwn with what 1vas going on in front. Q. You were informed by the staff officer that that was the reason it was Q,. About what time of the day, in reference to sunset, was it that you were given? halted on your way back to Manassas Junction and that an officer came up with A. That that was tbe reason the order was giyen. We then were moved a lit­ a dispatch? tle farther to the right, then returned to the left; then we went. up and took po­ A. I should judge from the position of the sun it must have been somewhere sition again under same order over on the same ground, and were withdrawn from 5 to half past 5 o'clock. again. These different movements occupied until dark. Then we went int-o Q. During the dQ.y did you hear any i·ndicatiuns of a baUle going on; if so, what camp rather with the expectation, as I judged from what came to me from Gen­ were they and where w ere they? eral Morell, of an attack from the enemy upon us. A. I n our immediate front we heard an occasionaL discharge of musketry, a11.d, in COL. B. F. SMITH'S TESTIM0::\1. fact, there were pieces of railroad iron fired from a rebel batter:,.- right over our right and two pieces lodged in the rear of where I lay, probubly fort.y feet in ow· Col. B. F . Smith testifies: rear. Someoftheboyswentanddugthemup, and one of tllem was eighteen inches in. By the JUDGE-ADVOCATE: length, the other was abou.t fifteen. 1Ve t.hought of bringing them home, but they were rather heavy, so we left them on the field. Then, while we were laying there Q. 1Vill you state your position in the military service of the United States? beside that we heard, upon our right, distant firing all day, but not continuous; A. I am a captain of the Sixth Regular Infantry and colonel of the One hun­ there were intervals that we could hear artillery distinctly. dred and twenty-sixth Regiment of Ohio Volunteers. Q,. On the 2ith of August where were you? Q. Will you state to the court whether you were serving with any part of the A. \Ve were moving on the Warrenton road toward Bristoe Station. I sho•1ld Army of Virginia, commanded by Major-General Pope, on the days of the 27th, think that we were encamped on that night some six to eight miles from Bristoe 28th, 29th, and 30th of August last; and, if so, in what brigade and division? Station. \Vewent in before sundown; probably the sun was an hour or an hour A. I was serYing in Colonel Uhapman's brigade, of General Sykes's division. and a half high when we halted there. Q. In what direction did that brigade march on Friday, the 29th of August Q,. 'Vhen did you move from there? last? · A. I was corporal of the guard that night, and was oroered to wake the men at A. We bad marched from Fredericksburg by way of Warrent.on Junction, and 1 o'clock, which I did, and we were formed and moved out from ourcampim.mt:- arrived at Manassas Junction, I think, on the 29th of August, the day before the diately after l. o'clock. . battle of Bull Run. 'Ve arrived exactly at the place where the railroad had been destroyed; the wreck of the train was there, and there we halted. Late in the TESTIMOXY OF LEWIS B. CARRICO, day in the morning, we retraced our steps to the branch railroad running, I Lewis B. Carrico, who resides on the battle-ground, called by Gov- tbin k toward Gainesville or Manassas Gap, und followed the direction of that road s-ome few miles. We then halted on some rising ground, where we could ernment, testified as follows (board's record, page 982): see the country beyond, over the woods, the tops of the trees. It was a wooded Q. Where do you reside ? ('Ountry. While we were h alted there a battery of the rebels opened upon us, A. Prince William County, Virginia. but fired some three or four shells only, I think; there may have been a half a Q,. Where did you reside on the 29th of August, 1852? dozen ~ Our brigade then marched into a field and the regiments were placed in A. Where I now reside, very near the Iana.ssas Gap Railroad. order of battle. I recollect that Generall\Iorell's division .was in our advance, Q,. Were you there on that day? on the lower ground. A. I was. Some of our pieces replied to this rebel battery. I received permission from Q . Up to what hourin the day did you remain there? tl1e commanding officer of my regiment to go to a more elevated piece ofg::-ound, A. I was there until very late Friday evening. a few rods distant, and whiletherelsaw our batteries reply. A short time after- Q. During that day did you see any confederate forces? If so\ where ? ward, probably a half an hour, wereceivedorderstoretraceourstepsandmarch A. I saw some cavalry scouts during that day, and in the evelllDg there was a back in the direction we had come. We then marched back to near ManasSbS battery firing some seventy-five or eighty yards back of my house, just w est of Junction, and camped in the woods alongside this branch r ailroad I have men- my house, and an officer came there and told me I was in danger, and to take t.ioned. That night I was placed on duty as the field officer of the pickets of m~ family and go back of the line. Sykes's division. About daybreak the pickets were called in, and we marched Q,. \Vhere did you go then? toward the battlefield of Bull Run, and were engaged in that battle. A. I went up the road about a mile to a farm owned now by l\lajor Nutt. Q. What was the effect of the reply of your guns to this attackoftherebel bat- Q. 'l'owards Gainesville? tery? A. Between there and Gainesville. A. It seemed to silence that battery, and it withdrew. At least that was the Q. Did you meet any confederate force on that trip? If so, about where? impression I had at the time. A . I saw them a little beyond Hampton Cole's, a "''ery small number. They Q,. Wh-J.t amount of infantry force, if any, did there seem to be supporting this were sitting down on the side of the railroad, and their battery, tbatwa!'< planted rebel battery? at the back of my house; that opened upon the Federal troops directly after I A. I did not see them. passed it; and when I got up there against them they got up and .took shelter Q. Before you received orders to fall back and retrace your steps along this on the embankment of the railroad. road, had or had not this rebel battery bee.u completely silenced? Q,. Did you nt that time see any troops t-o the south of the railroad? A. I think it had been. A. None at all, except a little picket force that was a little to the s-outh of the Q. \Vere there not at that time clouds of dust in view showing an advance of railroad. just above there; a. small picket force. the enemy? Q,. Did any confederate force pass to the east of your bouse during the day? A. Cloudsofdustweredistinctlyvisiblefartheroverbeyondthetrees. Whether If so, in what direction did they go? there were troops advancingo~ ~hethertheywere moving iJ_l another direction . A. Isawnonepasstotheeastward. I saw some shelling from the back of what I could not tell. I could see d1stmctly the clouds of dust, as if there w:as a large 1s called the Britt farm, and a disabled Federal wagon at the mouth of a lane body of troops moving. . C3Jled Compton's lane.. Q. Did you or not see the accused (General Porter) at the head of the column I Q,. About what time in the day was that? on that da_Y? . . A. I could hardly say; 12 or 1 o'clock. A. ~o,s1r; I do not recollect of seemg General Porter at all that day. * '' =~ * * . TESTIMO.IT OF SOLOMOY THOMAS. Q. What do you mean by the expression "c\·ening?" A. I mean something like 3 or 4 o'clock; somewhere thereabouts. Solomon Thomas, called by the recorder, being duly . worn, testified Q. How do you fix tbe time? · as follows: A . I fix the time by having to leave home and having to go the small distance I did go. Direct examination : * * * * ::= $ =~ Q. Where were you on August 29, 1862? Q. ''Vha t room did you sta y in? A. 'Vith General Fitz-John Porter's corps, Eighte

Q. Was it earlier cr later than 4? Q. 'Vhen you came back did you see Longstreet's command Y A. It was not earlier, I do not think; not ~.rlier than 3. I am 1.'cr1J sure. A. I saw Longstreet's command on my way back from General Stuart; they came and formed in here. [Pageland lane.] Q. Were there any* soldiers* of any description* * about your"' house except* the Q. Did you remain in that position all day? battery? A. 'Ve were there most all day. Do you mean me individually? A. On Friday there was a Federal foroe in Ir. Lewis sficld, to the eat of my Q. Yes. bouse. .A.. No. I was backward and forward several times during the dn.y. I went with Q. 'Where was Lewis's field? messages from Stuart to Lee and Longstreet and to Jackson. A. Within three hundred or four hundred yards to the cast of my house. Q. Then during that whole day you were in the vicinity of Longstreet's Q. Were there any about your house? troops and knew of their position? A. Yes; there were some of the Federal forces; two men that I had had some A. Y e ; we were on his right. acquaintance with, who w e re in my house when this wagon was disabled at the Q. What time do you put it that you came back from General Jackson after­ end of Compton's lane. being ent over by General Stuart? * 0 • ~ * A. Half past 2 or 3 o'clock. Q. About where is the place where you carried your family? Q. Do you know of any action that occu1·red nlol16 the \\'arre11ton pike-in- A. Immediately at the Manassas Railroad, one mile pa t. Hampton Cole's. fantry ? Q. You say you did not meet any considerable body of the confederate force A. I heard firing. on your way there? Q. 'What time was that? A. Yes, I do say it; and I saw no considerable body there, as I stated to you .A.. In the evening. 11.nu General Porter, if be was with you, until I got home next morning, about Q. About what time? sunup. They came there to my house and destroyed a great deal. A. General Jackson' com.ruand '"a · engaged oil the time. Q. \Vas Hood's command engaged at all? B.S. WHITE'S TESTDlO:sY. A. That evening they were. Q. What time that eyening? B. S. White, on August 27, 1 62, held the po ition of major in the A. Isuppo~.l.bout3o'clock in the evening the~· were engaged; ll .30to3o'cloc.:k_ a.c;sistant inspector-general's department of the confederate Maj. Gen. Q. Were they engaged vigorously? E. B. Stuart's staff (board's record, page 983) : A. Quite a severe fight. J. Q. Describe the action so far as you observed it? Q. That morning, after Major Patrick had those orders to charge, what did A. I was not pre eut. I didn't ee it. I heard the firing; it lasted. I suppo e .. you do? half to three-quarters of an hour. A. The enemy were driven away. Q. Was it very vigorous? Q. Then what was the next eve nt that transpired? A. It was a very sharp fight. A. 'Ve moved off across the country to find out what haoint [west of Hampton Cole's; upon the 'Varrenton turnpike by Hood's troops? point marked "W "]. .A.. I was away on the right. Of course there was fighting on the line. I don't Q. Then what did you do? know what troops were engaged, but I know that Hood's troops had a fight there A. We discovered a. column in our front--discovered a force in out· front com­ that evening. Idon'tknowwhether itwas3 or3.30; it may have been 5o'clock. ing from the direction ·or 1\Ianassas Junction to Bristoe., I know they had a harp fight there, and I beard it. Q. \Vhut sort of a point was that where you discovered this column coming, so far as observation is concerned? Q. Assuming* Hood's* division* to be in the place you* have indicat-ed* by* "Wll, and A. It was a. good point for observation; n. kigh position, elevated ground. We suppo e there had been a battery placed on this rise of ground marked C, would could see Thoroughfare Gap and Gainesville and all the orrounding country. that have fulfilled what you understood was the position of a battery firing off in the direction of ' 'V0 ?" Q. When you got* back to General* Stuart,* where* was he? A. Yes. Just beyond a small branch there was a hill, a very fine position for A. Where I left him, on that hill. · artillery,and it was firing off in the direction of" W5." The highest ground of Q. At that time where was General Longstreet's command ? that hill is where that battery was placed, or rather a park of artillery; nineteen A. They had come down and were forming here. [Witness indicates a point or twenty of our guns were in that position. baek westerly of Pageland lane.] . Q. Suppose that the column of troops that yo•J saw on that mon1ing, or on the Q. About what time of day was it that this affair occured at Sudley Springs; noon of Friday, August ~ had been coming up the dirt road from 1\Iana.ssas before you a.nd General Stuart started to cro the country toward Thoroughfare Junction to Gainesville and was in the neighborhood of Dawkin's Run, would Gap? that have been the position of the column that you saw according to the map\' A. Early in the morning. (Objected to as leading.) Q. At what would you fix the time? A. The troops we saw approa~hing came more from the direction of Bristoe A. I suppose 8 or 9 o'clock in the morning. than from Manassas. Q. Did you remain at this point with General Stuart after you got back on this Q. Therefore what road indicated on this map best fulfills the direction from bill? which you saw those troops coming? A. I did. (Objected to as leading.) Q. What became of this column oftroops that you saw advancing? A. They were approaching more in the direction from Bristoe than from 1\fa.­ A. I don't know what became of them; they disappeared from our front. nassas. Q.. Do you know of any other position being taken up by General Lon.,oostreet's Q. Therefore what road bestoftheroadsyou see on this map shows the direc­ ·\ommand during the day in ad vance of the position that you have indicat~d? If tion from which you saw those troops coming? [ 1ap explained to the witness.] so, when and where? You indicated a position back of Pageland lane. Now, where were the J<'ederal troop ? A. I do not. A. I remarked a while ago that the column that was advancing ad va.uced more Q. How long were you down in the neighborhoodofthis hill which you have from the direction of Bristoe than Manassas. marked with a cross dw·ing that day; up to what time? Q. 'Here is Bristoe and there is ~fanassas. Now, where do you put it what di- A. \Ve were down there the greater part of the day; we were on the extreme rection? Make a line indicating the direct-ion. ' right all the time afterward. The cavalry remained on the extreme right until .A. They must have come in here or in here. ' the morning of the 30th. ro~ '[hen you are not positive that you saw thP.m on the Mana&~as GaJ.> Rail· Q. What time do you think you met General Longst-reet between Hay .1arket and Gainesville? A. I never said I saw the fanassas Gap Railroad. I said I saw them on the A. It was about 11 o'clock. road running parallel with the Manassas Gap Railroad. They were not march· Q. 'Vas General Longstreet at the bead of his column? ing .o!l the railro.ad. They ~ere march in~ on a road that I supposed, from the A. He was near the head of the column. position I occupied, was a hne parallel With the Manassas. Gap Railroad; they Q. Were there many troop iu front of his command? may have been on this road [from Gainesville to Stuart's Hill] and took position A. Notmany. there [at~.] From that position we saw the columns coming up, but they were Q. 'Vere they advancing ? not on the railroad. A. They were. * * * Q. Rapidly? Q. Did* you see the railroad* in conjunction with* seeing them or at the same A. They were marching at an ordinary pace. time in connection with seeing them? · ' Q. State the style of march; how many front ? A. I could not say. I wa.s not looking for railroads. I was looking for troops. A. They were marching in column. I don't recollect now whether I saw the railroad or not, because my attention Q. How m!l.ny front? was directed to more important matters. . A. {arching in. column of regiments, perhaps four abreast. Q. Would you swear that those troops, Bristoe being here and Manassas there­ Q. ·were they in close order? that those troops were not on t:Uis road to Milford? A. Yes, sir. A. No; they were not in that direction at all. They were off here [witness in- Q. 'Vould you swear it was 11 o'olock? dicates in the direction of the l\1anassas and Gainesville dirt road]. A. It was about 11 o'clock. Q. Had you been to Bristoe that day? Q. You are confident that none of J,ongstreet's forces had passed through A. No, sir; we had been there the day before. Gainesville before 11 o'clock? . Q . How do you know where Bristoe was? A. I don't think they had. A. Because I have been there a thousand times since. Q. How did they appear to you; to be on top ofa. hill, or in a depression, orin Q. Could you see it from that position? · . woods, or by woods, or in an open field? A. I don't know that you could see the station, but I knew the general directioo A. The position we occupied wasacommandingone,ofcourse. They were in and had been all over that country time and again. a. depressed s1t.uation from the position we occupied. We were on this bill and Q. Did you see any of the shot fired fall near that column? there were here. (Witness indicate .1 A. Yes, sir. ' Q. In col';lmn, marching along the Manassas Gap R!l.ilroad? Q. What did the column do? A. Yes, Sir. A. The column seemed to retire. Q. Did you see the 1\!atlaSSas.Gap Railroad right in their vicinity? Q. Did you see them retire? A. The roo.d they were ma.rchmg on was paraUel to the Manassas Gap Railroad. A. Yes; I saw them give back. w~~~hn1 you came back to that position did you see any Federal troops any- Q. How did they retire? A. You know how troops retire. They gave back into a piece of w<><>ds; and A. Ye·. 'rbere w.. ere Fedm-al }roops off here [Indicating the lines?fthe rea-1- just at that time I went off with a message, as I stated before--went off with a mc.-nts.l message to General Jackson from General Stuart. 1856 CONGRESSIONAL RECORD- SENKTE. MARCH 13,

By 1\Ir. MALTBY: A. Oh, yes; I could go where I pleased. Q. How long did this action of that day continue? Q. You say that the artillery were stationed on ~he right of .Jackson at ~he A. The firing, to my recollection, continued up to about dark. It was near bighest point on the ridge. Now, did Longstreet's hne bend b~k f~om the lme dusk. At times it was heavier than at others, and at times severer than I ever -s? heard it in any engagement. A. I had nothing to do with Longstreet' pos1t10n. Q. What were your opportunities during that day of knowing the fact, pro­ Q,. But you saw it? vided General Hood had advanced east of Pageland lane? [Points of compass A. I passed in his rear several times. upon the map explained to the witness.) , Q. Take a pencil and mark Longstreet's line,. . A. My answer is, that if I bad a desire to know it, I could have known it very A. There was an angle formed between Jack on and Longstreet's hne; Jack- easily; but I didn' t think about it at all. It was not in my mind. I was well ,gon's line ran along here. [vVitness indicates.l . . . acquainted with Hood and his command, and that made the impression upon me Q,. Dmw it in pencil. There is theindependenthneofthe ManassasGapRatl- in coming to this point. I came from the direction where Jackson's command Toad. [Indicateu to the witness l . . was, and passed this heavy battery at the time, though I think there were a few A. Jackson's artillery was posted on tWs stony ridge. more guns there than I have heard stated to-day. Q. Draw a line where the nineteen or twt>nty guns were posted. . Q. In which direction, as you stood at Hampton Cole's facing the enemy, was A. I had no connection with Longstreet's commando~ Ja,c~on's. I p~s~d m Longstreet'scommand from you, with reference to your own person-to tlle left, ·the rear of both lines several times with messages. I dHl notmspecttheuhnes. right, front, or rear? I just speak from general recollection of their lines. A. Looking down in the direction from which the enemy were coming, a por­ Q. Then you do not recollect precisely where any one line was? tion of it was in my rear and o. portion of it was not. A. I do; yes. I have indicated there is Jackson's line ; his~rtillet:Y w:as posted Q. At the time you arrived there at Hampton Cole's? on this range of hill ; General Longstreet formed here. [W1tness mdiCates the A. No, sir. They did not get in this position at the time I an-ived at Hampton .difl"erent positions.] Their lines did not join; there was an angle there, an Cole's. I arrived at Hampton Cole's about 10 or 11 in the morning. .opening, and there is 'Yhere the battery of artillery was. Q. Where were the gu.ns stationed in reference to Hampton Cole's? Q. Draw Jackson's lme and the cannon of Longstreet. . A. The guns were pointed down a little to the left of the railroad. A. I have indicated it. LWitness indicates the line ofthe Independent hne of Q. How near were you to the guns? J.he Manassas Gap Railroad.] His line did not go down thatfar[indicating Sud­ A. Right up IJy them. ley church]; it went to about there. Q. How muob of that column did you see? Q. Where do you run Jackson's line? . . ·A. I could not say how many regiments there were. The column iudicatf'.d A. Jackson's line ran about in th:s direction. [Marked with a pencil.] That that it was the head ':>fa considerable body of men. Js about the direction of Jackson's line. Q. What was that indication? {The line indicated by the witness by means of a pencil is followed in ink by A. They were marching in close column. >the recorder.) Q. Would not a regiment march in close column? Q. :Where were these eighteen or twenty guns of Jackson's? . A. That did not have reference to Jackson's command; .Jackson'sartJLlery was A. :Might not in as close column as that, and in good order. M)' judgmetit. in posted on this range of hills back of his line of battle.. This park of artillery is the matter was that it was the advance of a large army. 0 Q. D~d you see a quarter of a mile of that column? where W& is and W • A. •No, sir. Q. You still say that Hood occupied that position, and that his right was where Q. An eighth of a mile? +and++ are? A. That is somewhere near it. A. There is where Hood was; right there; Q. Was it m!l.rching upon a plain? REV. JOHN LANDSTREET'S EVIDENCE. A. I can not tell you that. It did not appear to me as if they were coming up a hill nor as if they were coming down !1 hilL The evidence of Rev. John Landstreet (board's record, 996). He Q. As if they were marching upon a plain? was a minister, called in both armies a chaplain; he was a chaplain in A. It look:ed pretty much as if they were on a level. .the confederate service belonging to this cavalry command. His resi­ Q. Can you state whether any bushes were to their right or left or trees? A . No; I could not. My impression is that the country was pretty well open dence is in Baltimore County, Maryland: left and right of where I first saw them. Q. What did you do or see there which has impressed itself upon your atten­ Q. Did you see them in flank at all? •tion? A. No,sir. A. There was considerable dust in this direction [witness indicates] indicat­ Q. I don't know whether it is a military expression or not. ring a body of troops; there was considerable down in this direction somewhere. A. Do you mean did I see the rear of the enemy? At any rate, General Stuart ordered some of the Fifth Ca.v~lry to go out and cut Q. No, sir; I mean the side of the column as it advo.nced. .brush and drag it alon~ the road. A. No, sir; it was the shortest space of time before the firingeommenced here Q. (By Mr. MALTBY.) Did you hear the order? at Hampton Cole's before I saw them no more. A. Yes; to drag the brush along the Gainesville road, so as to serve as a feint Q. vVas this column to your right or left? .and to convey the impression that there was a force coming down the_Gam~s­ A. From the position I was in, it was almost directly in myfront. I think if I -ville road. It was given, I distinctly recollect; to a member of the Fifth VIr­ bad advanced in a straight line I would have come up fo.ce to. face with them. I ginia Cavalry. was a. little to the right of Hampton Cole's and looking right straight down. - Q. Who was the colonel of that regiment 1 Q. Did you see troops in the neighborhood of the Leachm.::I.n house? A. T. L. Rosser. We frequently after that conversed about it. A. I knew there were troops thet·e, but how I knew it I am uot now prepared Q. What was done after that while you were in the neighborhood of Hamp- to say. Q. How did they appear? Did they march out of sight in the rear or did they -tox.c.r~~~ was some firing from this position [ + 21in the direction of this ap­ retire in the bushes? proaching force; and from my recollection of it the force was a considerable A. If you will let me use an illustration: It was avery common thin~ fer o.col­ .distance down. If three inches indicate a mile here, and if it was a life and death umll'ofcavalry to advance, and one shot into a column of cavall'y would ruake .case I would say that it was inside of a mile that they were off. them disappear in the woods and t.hat- was the end of it. I never saw 11. column Q.' You should say it was a distance of about a mile? t.bat got out of sight quicker than this column did. A. I should say it was inside of a mile. It was not beyond a mile, certainly. Q. How long did you remain at Hampton Cole's? · {Witness indicat-es from Hampton Cole's.] There were seY"Cral shots fired from A. I suppose I staid there until-well, it was just after the brush expedit-ion; this point in the direction down there. shortly after thnt; and I went in the direction of Gainesville from there. I don't Q. In what direction? know but what I went right across to Gainesville; I think I did. A. Tho.t depends entirely upon where the man was standing at the time and Q. How did you go? .who.t he was looking at. I did not charge my mind much with this Manassas Gap A. I struck out on this Gainesville road that I had traveled hundreds of times Railroad though I knew it very well. But I would not say whether it was here towards Gainesville; pretty much along the line of the railroad. or there [whether right or left]. It was pretty much in line with this railroad Q. How long did you say that it was ~hat you were at Hampton Cole's? r{Manassas Gap Railroad]. A. I said I was there until after 12 o'clock. · Q. What became of this column of troops upon those shots being fired? Q. Were you there about an hour in all? A. I did not see them. A. I was there more than an hour; I was there fully an hour and a half. Q. They disappeared from your sight? Q. You passed along the 1\Ianassas Gap Railroad? A. Yes, sir. · A. I passed along the Gainesville turnpike. Q. Did they remain in the position they were in when they were fired upon? Q. What did you see on your route in the shape of troops? A. No sir. When my attention was directed to them they were where! could A. I met some of, I think, Longstreet's forces on the Warrenton pike. ,see the c'olumn, or a considerable portion of it; and they were marching in good Q. Did you sec any of Longstreet's troops? .order, close column. • A. I have no recollection of seeing them . Q. Do you recollect how many shots were fired at them? Q. Were there any troops marching on that turnpike? A. I do not; but I am positive I didn't hear half a dozen; I know I did not. A. There may have been. I did not pay any attention to it. Q. How long did you rema in in that position in the neighborhood of Hampton Q. How long did you stay away in the direction of Gainesville~ .COle's that day? A. I staid away until about 3 or half past 3 o'clock, I think . A. I was sent off after that to hunt up the First Virginia Cavalry, not very far Q. Then what did you do? from there at that time; and I paid Yery little attention, indeed, from that time. A. Then I returned to the First Regiment of Virginia Cavalry. When Longstreet came and formed there, General Jackson being in position, I Q. Where was that? -came out from the command, and I was not in any of the fight at all except in A. If my recollection serves, it was between Hampton Cole's and Sud ley. the cavalry movements-skirmishing. Q. Was that the detachment that had been sentoff to drag brush t.bere that

Q. Half a mile? ville"]. I formefl in line of battle near the west edge of that wood . There we A. I don't know whether it was that much, but itwa.sa considerable gap, a con­ lay most of the afternoon. siderable elevation. Q. Up to what time? Q. Do you know where that artillery was in reference to the Browner or Doug- A. I can carcely tell you. I should think at least until the middle of the aft-er­ las house? noon, perhaps later. 1 recollect withdrawing from that point from wood to wood A. No, sir; I know nothing about houses there. as we had advanced. We found it quite late in the afternoon, or quite sunset, Q. 'Vere tne batteries in advance of Hood's line? by the time I reached my original position. Thewholedistance,1 hould think, A. Well, rather. was a bout t wo miles from the point where we started in the morning to the far­ Q. l\Iuch? thest point to which w e advanced. A. No, sir; they were 1·ather a little in advance of.his left. . Q. While you were in the Gibbon wood, what enemy, if any, did you see in Q. Was the distance between Hood's left and the nght of the artillery as great your immedia te f1·ont? as the gap? A.. I can not say that I saw any enemy in our immediate front. There were A. According to my recollection, the battery was pretty nearly in the center of skirmishers in that direction, and as my skirmishers were thrown forward we the gap. would ha ve an occasional shot, but there seemed to me at that time to be no Q. Did the line of the battery run in the same direction that Hood's line ran or enemy in my front, in my immediate front. The first intimation that I had that did Hood's line form an angle with the battery? the enemy in considerable force were upon our left was through Colonell\Io­ A. It was at an angle. L ean, the commander of my second brigade, who told me that a m essenger, or Q. Was the right of the battery much in advarice of Hood's left? staff officer, or orderly, or some one from Reynolds, apparently with authority, A. No, sir; it was not much in advance, but still it was in advance. had come to hint, as he was in command of a. brigade, and communicated the Q. \Vas it a. half mile in advance? facL that the enemy were upon our left, and I thiuk was coupled with the in­ A. Oh, no. formation that Reynolds intended to fall back. I tried to communicate with Q. Was it a. quarter of a mile? R-ey11olds a gain, but did not succeed, but I thought there was no occasion for im­ A. No, sir; I don't think it was that. mediate ly falling back ; but not finding any re pon e from General Reynolds, I Q. Or an eighth? concluded to w ithdraw slowly to at lea t a short distance and then come across A. I don't think it was that. It was a. very short distance in advance. I would an open space into the next wood (into a little strip marked 8~), where I rested "lot say ,rositively*that it w~ in advan~ at all. * * * the troops in line. Q. While you were holding position in that little strip of woods do you know Q. About what time of day did you first see Longstr~et's troops in position whether or not the enemy obtained the po session of the Gibbon wood? a.tter that? A. I am atisfied that they were not there in any force ; they had their skir­ A. I saw them in position, I think, somewhere about 3 o'clock, or a. little after mishers thrown forward a s I had m en toward the Gibbon wood, and there were 3, or a little before 3. occa iona l hots fired with or without good cause for them, but there was no movemen t in force, nor was there indicated to me any presence of an enemy GESERAL ROBERT C. CHE~CK ' S TESTIMONY. in force. Q . Can you fix with any degree of relative certainty the time in the afternoon Robert C. Schenck, called by the recorder, and examined in the city when you quit the little fringe of wood marked "82 "; whether it was 2, or 3, of Baltimore, October 22, 1878 (present, the recorder, and l\1r. Maltby, or 4, or 5, or 6 o'clock? of counsel for the petitioner), being duly sworn, testified as follows: A . The days in Aug u tare pretty long. I should say it was at least the mid­ dle of the a fternoon or probably later. I reached my conclusion from measur­ Q. Where do you reside? ing it by the movement forward and the gradual withdrawal of the troops. I A. Dayton, Ohio; temporarily residing in Washington, D. C. should think it wa after the middle of the afternoon. Q. \;v'hat rank and command did you hold in the military service of the United States on the 29th August 1862? TESTDIO::I."'Y OF GE:SERAL S. D. TURGIS. A. Brigadier-general of volunteers, commanding the First Division, Sigel's corp. General . D. Sturgis testifies that he moved on the Gainesville road Q . Finally you left the ervice with what rank? August 29, 1 62, with his command. (Board record, page 711.) A. l\Iajor-genera.l. I was promoted, to take effect August 30, 1862. Q. You say you went a mile and a half beyond Bethlehem church toward Q. In moving up to this po ition, did you have, in the morning of the 29th Gainesville? August, any enemy in front of you? .A. That is my recollection. A. None that we felt. Throwing forward skirmishers and supposing the enemy Q. What did you then do? was present somewhere, pretty early in the dP.y a. force of the enemy was de­ A. I reported to Genera l Porter. I rode in advance of my brigade. I found "\"eloped upon this ridge where there were a number of batteries placed to our troops occupying the road, and I got up as near a..s I could get and then halted my right; that would be to the north of the turnpike road. command, and then rode forward to tell General Port~r that they were there. Q. Do you recollect passing that lane, Lew1s lane No.1? He said, • For the pre ent let them lie there." A. I have a ...-ery indistinct impression of it. I have a. remembrance floating Q. 'Vhat did you do then individually? in my mind having crossed some road which was not the turnpike, but I don't A. W ell, I simply looked about to ee what I could see. I was a stranger to recall it distincLiy. the lay of the land, and the troops, and all that; so withontgetting off my horse Q. At what time of the day did you reach your farthest point in advance? I rode about from pla divisions during that day? there I saw a glint of light on a. gun ; and I remarked to General Porter that I A. No; but I understood he was off on my left. thought they were probably putting a. battery in po ition at that place, for I Q. Did you ee General Reynolds hinlself during the morning or afternoon? thought 1 had seen a gun. A. No; I think not. I don' t recollect. Q. State what the conversation was. Q . How far did you get beyond the Gibbon wood, in which the wounded of A. I reported thisfactofwhati had een to the general; hethoughtiwasmis­ the night before were ? taken about it, but I was not mistaken, because it opened in a. moment-at least A. l don't know that we got beyond the Gibbon wood. 1\ly remembrance is a few shots were fired from that place-fow·, as I recollect. that the farthest point we reached was somewhere about the west edge of the Q. 'Vhat force of the enemy did you ee in that direction at that time? Gibbon wood-that is, the wood in which Gibbon's troops were engaged the A. I didn' t see any of the enemy at all. night before. We found there his wounded and the evidence of the battle that Q. Then what did you do? had taken place. .A. Then when they had fired, as near a I can recollect, a,bout four shots from Q . \Vas anything don with these wounded that you found there? this piece, General Porter: beckoned to me; I rode up to hint, and he directed me A. I ordered all the men in that and the piece of woods this side of that, where to take my command to JUa,nassas Junction and take up a defensive position, there were, I think, a few scattered, to be sent to the rear and taken care of. I inasmuch as the firing seemed to be receding on our right. don't know that that is the Gibbon wood; I mean the wood farthe tin advance Q . \Vhat tiring do you m ean? that I reached wa the wood in which the engagement took place. My impres­ A. I mean the cannonadingthathad been goingonforsome time on ourl"ight, sion is we did not at any period go farther in that direction than to perhaps the probably in the direction of Groveton. west edge of that wood. Q. How long had you heard that cannonading? Q. Look at the map. Which piece of timber is it that you consider to be the A. I don't recollect exactly when I heard it first. 1\Iy impression has been Gibbon wood ? that I heard it all along the march from l\Ianasses to General Porter's position. A. This 1 suppo e to be the wood. [In which the word "Warrenton" ends; I do not recollect di tinctly that I did hear it, but I know I heard it all the time marked '' S" on the Landstreet map.] That, I suppose. is intended for the wood after I arrived there until I left. in which Gibbon's engagement took place. Q. What time of day was this that you received the order to move back with Q . How long did your division remain in that wood ? your command to l\lana s Junction? A. \Ve must have been in that wood, altogether, two or three hours. A. I have no way of fixing the time of day. I have carr ied in my mind the Q. Did you see any battery of the enemy while you were in that position? If impre sion that it was more about the middle of the day- abo ut 1 o'clock. so, where was it? Q. What did you do when you receh·ed that order? A. There was a battery off to our right somew here which I recollect all the more A . I sent word to General Piatt to m o ve back to l\Ia.nassas J unction. and tha' distinctly b~.-cau e it seemed to me to be detached from the general line of the en­ I would join him there. • emy, and - conceived the purpose of attempting to capture it, and sent one of my Q. Do you know whether your order was obeyed? staff ove to reconnoiter with a. view to see how it might be approach eeL But A . Ye ; it was obeyed. about that time 1\Iilroy, who was engaged with the enemy off to my right, com­ municated with me, or General Sigel for hint-I think the message came from EVIDENCE OF MARK J. B~~LL. Milroy him elf-begging assistance, and I detached Stahel's brigade to support 1\Iilroy northeast of the pike, and then gave up the idea of attempting to capture Mark J . Bunnell, on page 678 of the board record, says : J.ha.t battery. · I called to an orderly and stated to him what I wanted. He called Colonel Q. '!'hat ualtery was in the neighborhood of where? 1\Iarshall, and they came down within a few paces of where I wa , and Colonel A. It was on a hill on my right; to the right of t.he wood where Gibbon'sfight Marshall then received his orders to deploy his regiment as skir mishers in front. l •ad taken place. It was upon elevated ground, and seemed to be the spur of a. Q . Did you hear the order ? l ill. 1 thou:;ht we might by a. sudden and decisive movement upon it capture it. A. I stood right there so I could hear. Q. 'Vhile y ou were up in this position McLean'. brigade , !understand, was on Q . What \Vere tile order that General Porter gave Colonell\larshall. tue left. What wast he position of Reynolds's division of Pennsylvania Reserves A. I could not h ear all the conversation, but to deploy his regiment as skir­ as reported to you at that time in reference to your own po!Sition? misher , as we were about ready to mo>e out; not t.o bring on a. general engage­ A. I did uoL ee them, but they were reported to me as being upon our left, and ment, but the idea wa that we had to do duty only as skirmishers. 1 may add that it was reported to me that they had stationed a battery somewhere in advance of Gibbon's wood, I think Cooper's battery. CAPT. A . P . MARTIN'S TESTIJIIO::I."'Y. Q . In which direction was that battery operating? Capt. A. P . Martin, commanding the artillery of Iorell's division on A. I did uot see the battery. Q. At ·what time did you q uit with your division ibis Gibbon wood? the 29th of August, wears as follow : A. I should think, to the best of my recollection, somewhere between 1 and 3 Examination by the COURT;

hour later, perhaps, there wa a battery opened farther to our right, and they Q. What brigade? were engaged by Hazlett's battery of Morell's division. A . The first regular brigade, temporarily commanded by Colonel Buchanan Q. At what distance from eaeh other were these batteries that were engaged? The examination of this witnes was here clo ed. ·

A. I should think not over a thousand yards; it might have been a thousand TESTDIO~ OF CAPTAL~ GECK.E. or one thousand two hundred yards. Q . Do you know whether any effect was produced on either side by this artil- Captain Gecke te tifi.ed as .follows (board's record, page 66 ) : lery fire? · Right before me was a piece of wood and an open corn field between me and A. They were in the woods, and we could not see, except that the first battery the woods. I rernain~d and deployed my skirmish line out ide of the ditch that was opened was silenced, I should think, in about twenty minutes or half an there. At the ~ame trme wh~n I came there I saw skirmishers, di mounted hour. cavalry, marching before me m that corn field. My men fired at them and they Q. 'Yas there any loss on our side? fired over to us. Then they went back into the woods andigavethe command A. Yes, sir; one man was killed by the first shot that the enemy fired. I saw to cease ~ing. Then the adjutant of the regiment came up bet-ween 4 and 5 him fall. o'clock With ~n order tothecomn:~~mdin~officeroftheskir~i h line. I stepp d Q. On which side of the Manassas Gap Railroad, north or south, were the ene­ UJ?, and he said I should find out Immediately what was gomg on in t!:le corner my's batteries that you were then engaging? of the woods; so I took a sergeant and a file of men and ·went up ther · and A. They were on the side toward us-the south side, I suppose. the sergeant went ahea~ and looked in that direction, and then we carne down The examination of this witness was here closed. and reported to the adjutant that the enemy has been marchino- out of the J. J. COPPISGER SWORN. woods, and that they were moving cannon and ammunition-wagons to form their proper companies, and turning to the left. A little while after this I h eard J. J. Coppinger, called by the recorder, being duly sworn, testifies as a few shots fired over in that direction. follows: * * * * * * Direct exa.J:Qination: Q. Wh~n you went out with the kirmishers and deployed your men, what Q. State your rank and station. orders did you have? A. Captain, Twenty-third Infantry, and breYet colonel. A, I had no special order except to see what was going on. I saw no line Q. What rank did you hold in the month of August, 1862? formed on the left ; no line formed on the right. A. Captain, Fourteenth Infantry. ~: ~h~~n~ ~~~~~t ~~~e;;_e the enemy coming down on your fwnl-? Q. In whose brigade, division, and corps were you during that month? 0 A. The fu·st regular brigade, Sykes's division, Porter's corps. Q. Up to that time what indications were there of an enemy in your front.? Q. Do you recollect being at Fredericksburg in that month? int; t1!h~t~l! ~ael ~fili: !~~d~f a skirmish line moving through the corn field A. Yes; at or near Frederick burg. Q. 'Yhere did you move to from there? Q. During that day did you see any artillery firino-? A. We moved in a general direction toward Bealeton, on the line of the rail­ A. I heard artillery firing. ., road, from Rappahannock Junction to Alexandria. Q. In what direction did you hear it? Q. What sort of a march did you make in going up there to that point? A. The fire of artillery that forenoon I heard on the front of us· in the after- A. The first afternoon we made a long march; we made good time. I could noon on ow· right. · ' not give the di tance in mile . The next morning we marched early a few miles, Q,. What was the character of that artillery firing that you heard? and to the best of my recollection countermarched, and were placed in line of A. It commenced at 5 o'clock in the. morning; then it was in the far di tance. battle at a short distance from the camp which we had left. After that our Then about 11 or 12 o'clock we heard It better: we heard heavier firing. Then marches seemed rather spasmodic until we got to the railroad. between land 2 o'clock there was no firing whatever. Then from about 3 o'clock Q. Near what point or at what point? and afterw3:rd there wa~ heavy artillery firing and musket firing up to most 9 A. Until we got near Bealeton,on the railroad. I do not recollect whether we o'clock at mght and yelling by the enemy and cheering by the Union men We actually struck the track at Bealeton or Warrenton Junction, but we were near heard that off on our right. · the railroad at Bealeton, and on it to Warrenton Junction. Q. Did you at any time during that afternoon undertake to feel the enemy Q. Were you in Warreton Junction on the 27th of August,l862? and find out what their strength was? A. On or about, but I can not swear to the date. A. No; I only carried out the order I had. Q . Then you left there to go to what point? Q. About what time in the day would you say you mo"ed aero s Dawkin's A. 1\larch along the li.ue of the railroad toward Ianassas Junction. Branch to go forward with your skirmishers? Q. Do you recollect at what time of day you left Warrenton Junction to go in A . About 3 o'clock. · the direction of Manassas Junction? · li~·? Did you know the position of the enemy after you got up on the skirmi h A. I cannot. 1\Iy watch, I think, was broken, and I was very badly wounded a few how-s after; so I do 'not recollect. I cannot give you the how·s. A. No; I didn't see no other part of the troops except this dismounted ca. valry. Q. You came to a halt for the night at what place? * * * * * * * A. Near Bristoe Station. Q. This yelling and cheering that you heard by the enemy and the union Q. At what time of day did you anive at Bristoe Station? ~~~tfcb r'as that before or after you moved your skirmish line aero s Dawkin's A. Early in the day; I cannot give the hour. The reason I say early in the day is that I recollect passing a good partoftheeveningwithSmead,of the artillery, A . Afterward. who was killed a few hours after. Q. How long after? Q. T.be next morning you marched for what place? A. That commenced about 5 o'clock or half pa t 5, and kept on until dru·k­ A . Manassas Junction. ne . Q. From there what direction did you take? do~~he yelling and cheering t!lat you heard was between 5 o'clock and sun- A. Toward Gainesville. Q. Do you recollect a place named Bethlehem church? A. I have an indistinct recollection ·of a small church on the left of the road. The confederate General R. E. Lee's official report of that action says Q. You went out on that road. Do you recallanyincidentconnected with that that the battle continued until 9 o'clock at night (board's record page march out on the road toward Gainesville? 520). . ' A. Do you mean the passage of other troops? Q.. You went out on that road. Wheu did you receive a command to halt? A . Up to 9 o'clock at night. A. 'Vhen,I think, about two shots clo e to the edge of a wood-two shots, I Q . Did you make any r eport of that to anybody? think, were fired; just about that moment our command halted. A.No. Q,. Do you mean to ay that you did not end any message to Colonel Marshall Q . From what direction? at all that day? . A . Front and right. Q. Then what did your regiment and brigade do? A . No; except this one. because I was not so far off from them. They could hear A. Halted, and were ordered to faee about. all th e things going on themselves. Q. Then you could hear and he could hear? Q. Then what? A. He could heaithe firing. It took meabouttenminute more or le to get A. 'Ve were marched to the rear in column of fours. there from my po ition back. ' ' Q. To what point? A. I can not give you the point; butthenextpointirecollectisbeingonaside ERGT. FERDI:-.AND ::IIOHLE' TESTIMONY. road which leads off toward the battlefield of Bull Run. Perhaps it would be better if I were to say that my memory of that battlefield-! was left on the field Sergt. Ferdinand 111ohle, Thirteenth New York Volunteers (board's between the lines senseless until the next day, and my memory of both those record, page 676), a Government witness, has stated as follow a to his days is somewhat spasmodic. Some things I see as clearly as anybody I see in po ition to the front: this room; and there are intervals of which I have a very poor recollection. Now, between the time of ow· being marched here and our being halted I don't A . I think we staid as skirmishers up toward night, and then we were with­ r ecollect. [Witness indicates points on the map.] drawn onto a hill. It is kind of rolling country here. I think it was hollow Q. As to this point of fact-these shots being fired, and you countermarched to along that way and then it raised again. ·• the rear-how soon after the shots were fired was the order for you to move to the w~ c;;!~~~~~ rou see while you were on the skirmish line so far as the enemy rear? A. I think almost immediately. A. aw a couple of rebel pickets in front of us. Q,. Do you recall with any certainty liow long or how far you marched to the Q. Infantry or cavalry? A. I could not ~y ~xa~tly; I guess it was ~ismounted cavalry. rear? . \ A. 'Ve march eEl quite a distance to the rear; I think from one to two miles, if Q. Wh~t other m~cations of an enemy d1d you see during the day; what not more; but I am almost certain that the command was "Halt, about-face;" enemy did you ee m front of you? and within three minutes I think:, and perhaps a shorter time, we were in motion A . I saw no enemy where I stood. I have just said it wa a kind of hollow pl3:ce whe:r;e \Ve went through, and we co_uld not ee many of the enemy except . to the rear. Q. During that day did you move to tbe front again; if so, when? a hne of p1ckets; they were not very actlve. We exchano-ed a couple of s hots A. We were moved on a cro s-road, which led us the next day to the battlefield. and I recollect a couple of cannon shots flew right ove;' our line and came i [Witness indicates in the direction of the Sudley Springs road.] gue , from our rear--our own men-two or three shots. ' Q . When did you say you made that move at the cross-road? Q. \Vas there any cannonading going on then? A. Therewa . A. I can not give the time. Q. \Vhere was that? Q. Some time that day? A. That was to our right. A. In the afternoon. Q. What was the character of it? · Q. Did you encamp there or did you go back again? . A. It was heavier toward eYening than the time we went up there. ".e heard A. We passed the night there; stacked arms, and I think lay down by our the noise more in the evening-the noise of artillery and cbeerino--than whtn arms. we first came up there. But still firing was going on. "' Cross-examination by l'lfr. BULLITI': w~e iVhen did the enemy come down in force on your front that day where you Q. You were then a captain? A. Yes. A. What do you mean by the enemy; the line of pickets? Q . Of what company? Q. Yes, or heavy force. Did you see any heavier force in front of you? A . Company A, second battalion, Fourteenth Infantry. A:-· I could not see any ~eavy force; I could hear more. I could hear moving. Q . Who wns the commander of your regiment? ~:.:~~~!~ow whether 1t was m·tillery or cavalry, but I heard some words, some A . ~eneral. tone was the colonel.. Our battalion was that day commanded by Cap tam McKibbon, who was wounded the next day. The senior officer on the Q . How late in the day was that? ground was Captain O'Connor, who was also wounded the next day. A. It was in the .evening; toward night, I guess. 1884. CONGRESSIONAL RECORD-SENATE. 1859

Q. When you went out there on that line did you hear those commands and tired called by petitioner (board record, page 215), testifies as to the movements? A. I can not remember. I did not hear any command at that time; but there was mov~ments of the brigade he commanded in Brigadier-General Sykes's a couple of shots exchanged between the pickets; and finally, I think, the rebel division after they left :Manasses Junction, on the 29th, as follows: picketswent.back a little, and word was brought to cea e firing. Q. Which way did you move then? Q. Could you hear any mu ket~y firing in the afternoon where you were and A. We had been moving by the right flank; we then moved b.Y the left ~nk; infantry firing? we moved down by the road which takes us near a church, which I have smce A. Ye , I could hear that. heard called Bethlehem church, in the direction of Gainesville. Q. How long in the afternoon did you hear infantry firing. Q. Where did you halt then? A. I can not tell exactly when it commenced, but I could hear cannon firing A. Near that church and in advance of it. when we were marching up there. Q. In what po ition were your troops then? Q. After you got up there was there any cannon firing? A. At that time directly on the road. A. There was cannon firing at intervals; it ceased sometimes, and toward Q . How were you formed when you halted there? night it went on pretty heavy. . . A. We were formed in line of battle immediately after we halted. Q . Any musketry firing in the a[t~rnoon to your front or n~ht? . . Q. How long did you remain in that position? A. I think there was musket1·y firmg, but we could not hear 1t so plam as m the A. I can not tell you. evening. Q. During the balance of the day, I mean. . . . Q. About what time did you hear this cheering which you speak of? A. We did not leave that ground that day except under vanous mstruct10ns A. About sunset. that we got to countermarch; from time to time we countermarched, of course CAPT. JOHNS. HATCH'S TESTDIO~Y. on the same ground. Capt. John S. Hatch, First Michigan Volunteers, 1\Iar~dale's bri­ Q. You did not leave that ground? . . . . A. No; except toward night we changed our drrecbon, I think onto a httle gade Morell's division, a witness for the Government, testifies as fol­ road that led us off to the turnpike. lows' (board record, page 600) as to what transpired at the front, near Q. Practically, you remained in that position during that day? Dawkip.'s Branch, on the 29th August: A . During that day. Q. Do you recollect any stacking of arms? Q. Tell what you saw when you got there at that poin~. . . A. Yes; they !!tacked arms from time to time. A. When we turned off into the woods we were preparmg to go mto actiOn, as Q. When you did that what position was yom· line in; still in line of battle? I supposed. I think the pieces were loaded. Caps were l.et off the guns, and A. Always; always ready. cartl'idges examined and cartridge-boxes, and some such things as ~hat. Were­ 1 mained in the woods a little time, and then we moved off to an emmence where EDMUND SCHRIVER. S TESTIMONY. we could look off into the depression or ravine; and then the Thirteenth New Edmund Schriver, called by the recorder, being duly sworn, testi­ York was thrown out as skirmishers. Q. How long had this been after you had arrived at that point before the Thir­ fied as follows: teenth was thrown in? Direct examination : A. It i my impression that we were loading pi~cesan? preparing, as w~ sup­ Q. State your rank in the· Army. posed to go into action. I recollect we were talkmg of 1t together; that 1t was A. Inspector-general and brevet major-general. about'noon. I do not recollect looking at a. watch. It was about 12 o'clock, I Q. What position did you hold on the 29th of August, 1862? should say; not far from that any way. A. I was then on Generall\IcDowell's staff, when he commanded the Third Q. '.rhat the Thirteenth were thrown out? Corps of the Army of Virginia. A. Ye ,sir. Q. Do you recollect being with him, on the 29th of August, at the head of Gen- Q. You remained there during the day? eral Porter's column, in the neighborhood of Dawkin's Branch? A. Remained there all that day. A. Ido. Q. After the Thirteenth were thrown out what did you see? Q . Where did you go then? A. We came out of,hese wood , I guess, almost entirely,so that we could see A. Went out to the right with the generals, whose object was, I believe, to the Thirteenth Kew York maneuver, and see the ravine and woods on beyond. make some observations, and then returned to the place whence we started. I think our arms were stacked-our brigade. ' We lay there and saw the Thir­ Q. Where did Generall\IcDowellleave you, or did he not leave you? teenth Kew York moving; they kept moving on until they met with some little A. He left somewhere to the east or to his right looking out toward the railroad, check on the other side; there were some shots fired; then, some time after that, my recollection is. a solid shot came over. General Porter was there with h~s staff. I do not know Q. Which direction did he take when be left? whether there were any other generals there or not. There was a little scatter­ A. I thiilk he went in a southerly direction, off to where his divisions were. ing there and a little c~mmotion all around, until pretty soon .another ~ne came Q. Did you go with him? over and there was aptece run out ofthewoodswhere theThirteenthNewYork A. No. had inet with some oppo ition from the infantry; there was another shot fired Q. Which direction did you take? · soon after that, and we supposed the work was commencing. There were three A. I came a litile to the left and went by General Porter's headquarters, and shot I think, or four shots fired. We supposed that they were firing at General then came down, if I recollect rightly, the road General McDowell went, through Porte'r and hi ~ taff, becau se they were mounted and conspicuous. the woods; I did not. go with him. . Q. Then what was done? Q. You went down the Gainesville road then ? A. There was nothing done by us during that afternoon. We were lying there A . Yes. sir. at ease until early i->. the evening, when our brigade, a portion ofit-my regiment Q. Did you go back with General Porter or did you follow him? at lea. t-was thrown out, you might say, as skirmishers. We were thrown out A. I really can not recollect that; I know we met again. I• to guard against r• surprise that night-thrown out to the right of where the New Q. ' Vhat transpired at that time when you met him there? York 'fhirteenth went down. A. I had a little conversation; I can not exactly recollect what it was, except Q. How long did you remain there? thegeneral said or expressed the belief that he might become engaged with the A. Two hours; about that. enemy and that he had no cavalrymen; he either then proposed or I proposed, Q. 1\nat indications, if any, did you observe of the prese11ce of the enemy or at any rate the arrangement was made, that he should have half of General during the day? .McDowell's e cort that was with me; itwasturnedover,and I left. He wanted A. 'Ve aw fighting going on on our right and front. them to send messao-e . Q. ·wbat kind of a conte twas it? Q. At that time where were the enemy? A. There was heavy artillery firing. A. I am sure I do not know. Q. How long did that continue? A. From the time we came out onto that eminence, out of the woods; there COL. JOHNS. MOSBY'S TESTIMONY. was firing all the afternoon, but not continuous; there was at times heavy firing, rapid firing. JohnS. Mosby, formerly colonel of Maj. Gen, J. E. B. Stuart's staff, Q. From the character of the firing what were the indications? testified as follows (board record, page 887): A. It was heavy artillery fire. Q. I understand you to say that you could see the action going on? Q. When did that battle begin on the 29th; what time of day? A. I could not see the troops that I recollect. I do not think I could, but the A. Pretty early on the morning of the 29th there was heavy fighting. Q. How long did that continue? . smoke and the bursting of the shells could be seen, and we c~mld hear the sound of the artillery and see the lines of smoke ; towards evenmg we heard mus­ A. 1\Iy recollection is that there was heavy fighting during most of the day. ketry firing. Early in the morning I suppose I was about the rear of the center of Jackson's Q. How long was it after the Thirteenth New York went out before you saw line and I suppose about 8, or 9, or 10 o'clock there came a report that our left that gun run out that you speak of? flank had been turned, over in the direction of Sudley; I went over there with A. They had time to get down three-quarters of a mile or more-perhaps halt the First Virginia Cavalry, according to my recollection, for the purpose of an hour. checking that, and we were there the whole of the day. Q. During the day what enemy did you see in your front besides what you Q. What of the action could you see and hear? Describe all that you recall of have mentioned at that time? tba.t action. A. Saw a line of dust on the left making toward Jackson, who we under- A. We could not see the fighting. I was with this cavalry, and I suppose we stood was opposing our forces. were half a mile, or part of the time within a mile of it. In the morning this Q. At the time? regiment that I got with I suppose was not half a mile in the rear of Jackson's A. At the time. line· but when the report came that the Federal cavalry was over on Jackson's Q. Did you see any enemy directly in yom· front? ¥ left, 'and there was danger of their cap.turing his wagons and ambulances that A. These woods were there; nothing more than artillery. There were in- were in the rear of Sudley church, th1s cavalry was sent over there to protect fantry opposed to the Thirteenth Kew York. Jackso~'s left, an~ I went w~th it. * * * Q. How long did they remain there, artillery and inftUltry? A. I do not know that; they did not remain all the afternoon. Q. Do you know what the losses of Jack on were in that action? Q. Had no more artillery firing from them? A. No, sir. A. The artillery; three or four shots was all that bothered us. Q. From 12 o'clock noon up to 3 o'clock in the afternoon, do you recollect the character of the fighting as far as you could judge from the sound? . Cros -examination by Ir. BULLITT: A. 1\Iy general recollection of it is that most of the day there was heavy fight­ Q. What time was it, in the afternoon or toward evening, that y ou heard that ing. I cannot particularize. musketry· firing? Q. Musketry and artillery? A. The day was well advanced. A . Musketry and artillery. Q. Five or 6 o'clock in the evening? LIEUT. COL. THOllAS C. H. S)!ITH1S TESTDIONY. A. I hould judge so; before sundown some time. Q. 'Vhat you had heard, prior to that time, was all artillery firing? Attention is also callea to evidence of Lieut. Col. T. C. H. Smith, A. I do not recollect any musketry firing until toward sundown; perhaps the afterward brigadier-general, as follows: sun was an hour or two high. Q. What time was it that you were sent on that picket-line? By the JuDGE-ADvocATE: A. The Thirteenth NewYorkwassent out, and I was in the same brigade with Q. Will you state in what capacity you were serving in the A.rmy of Virginia. them. As I say, we were preparing for action in the woods about 12 o'clock, I in its late campaign under General Pope in August last? should think. A. I was aid-de-camp on the sta.fl' of General Pope. . MAJ. GEN. ROBERT C. BUCHANAN'S TESTIMONY. Q Did you or not, on the 28th or 29th of August, carry any orders from MaJor­ General Pop~ to Major-General Porter which concerned his mo>ements on those The late Bvt. 1\faj . Gen. Robert C. Buchanan, United States Army, re- days? · 1860 CONGRESSIONAL RECORD- SENATE. MARCH 13,

A. I did not. Q. At what time did you regard the battle as commencing? Q. Did you, or not, see General Porter during either of the da.ys of the 27th, 28th, A. The smoke wa.srisingover a.considerableportion of ground, I should say a and 29th of August? mile, plainly in Yiew, when we were at Centreville; and there was some heavy A. I saw General Porter on the afternoon of the 28th. cannonading. I should say it was about 10 or 11 o'clock when I first came to Q. At what place and under what circumstances did you see him? Centreville, and it was about llor12o'clock when I saw the appearance of which A. I had been sent back to the ammunition on the train at Bristoe and charged I speak-the sign of a heavy action,.from the sn'loke rising. It was very plainly with its distribution. General Porter wished over four hundred thousand in view from Centreville; you looked right down upon it., and you could hear rounds; General Hooker something over ninety thousand rounds. About 2 or thesoundof"the guns. I didnotrideuptothetown atfirst, but finding that Gen­ .3 o'clock I had sent forward to General Porter some three hundred and twenty eral Pope had not ridden on, as I had supposed, I rode back to Centreville, and thousand rounds and had seized wagons to forward the balance, and left Cap­ then it was I saw the appearance I speak of, about 11 or 12 o'clock. I should tain Piatt in charge. The business being then sufficiently forward, I went-on to mention, too, in order that it may be clearly understood in regard to the action, ..find General Pope. On getting to the point where I had left General Pope in that at the time I was sent off from the road, while General Pope was riding on rthe morning I found he had moved on, and, to inquire the road he had taken, the field, there was a cessation of cannon-firing for a considerable time, I should I went to General Porter's headquarters, near the Manassas water station. I say for certainly a half an hour. . found General Porter in his tent, and asked him which road General Pope had Q. Was or was not the battle raging at 5 p. m. on that day? ·taken, and he informed me. I had some ten minutes' conversation with him. A. Yes, sir; severely. ·One of his staff was present; I forget his name. -Q. Will you state that conversation? 'WILLIAM L. FAXON TESTIFIES. A. After asking him about the road, I told General Porter the amount of am­ munition that I had sent forward to him, and also that the balance would come William L. Faxon testifies as follows (board record, page 844): immediately forward. I asked him if he had received it, or made some remark; Q. State your occupation? I "Can not remember the exact expression. General Porter said that he had not; A. Superintendent National Sailors' Home, Quincy, 1\Iass. t.hat was the substance of his reply-either that he had received hardly any of it, Q. Were you in the military service of the UnitedStatesonthe29thof August, or none of it, if! remember aright. I expressed some surprise, and said that it had 1862; ifso,inwhatcapacity? been sent forward to the front us ordered; and, either in reply to some question of A. I was assistant surgeon of the Thirty-second Massachusetts from the 2d or mine or to some remark or of himself, he said that he had no officers to take charge June, 1862, until along in August, 1863. · . -of it and distribute it or to look it up, or something of that kind. I remarked * * * * * • * that he could hardly expect us at headquarters to be able to send officers to distri­ Q. Where were you on the night of the 27th? bute it in his corps; that it had been sent forward on ·the road in the direct-ion A. In camp at Warrenton Junction. where his corps was. He replied that it was gone where it belonged; that it Q. In whose brigade and division? ·was on the road to Alexandria, where we were all going. I do not know as it A. I was in the second brigade, first division, Fifth Corps, Morell commanding is evidence to give the spirit in which this was said-the way it impressed me. division, and General Griffin commanding the brigade. Tho eremarks were made in a sneering manner, and appeared to me to express Q . .At what time did you leave " 'arrenton Junction, and what direction did .a great indifference. There was then a pause for a moment. General Porter then your regiment take? . poke in regard to the removal of the sick and wounded from the field of Kettle A . The bugle sounded for an· early start, and it was quite dark. We got out Run. He said it would hurt Pope, leaving the wounded behind. I told him that iust before daylight, and my brigade lay outside of the wood in which we camped they were not to be left behind; that I knew that a positive order-an impera­ until the sun was pretty high. rtive order-had been given to General Ba nka to bring all the wounded with him, Q. What direction did you take from there? .and for that purpose to throw property out of the wagons if necessary. To this A. We marched off a little to the left of the wood and crossed a. little run, and •General Porter made no reply in words; but his manner to me expressed the went up to Catlett's, and from there to Bristoe; followed the general direction same feeling that I had noticed before. This conversation, from General Porter's of the Orange and Alexandria Railroad. manner and look, made a strong impres ion on my mind. I left him, as I have Q. At what time did you arrive a.t Bristoe Station with your regiment? said, after an interview of about ten minutes, and rode on, arriving at our head­ A. I judge about the middle of the afternoon. .quarters on Bull Run just as we entered them and pitched our tents for the night. Q. During that time did you ee General Porter? A-fter my tent was pitched, and I had had something to eat, I went over to Gen­ A. I saw General Porter only as I crossed the nm at Bristoe. •eral Pope and reported to him briefly what I had done in regard to the ammu­ Q. Where was he at that time? :nition. I then said to him, " General, I saw General Porter on my way here." A. lie was at a little bouse on the left hand of where I crossed; that is, on the .Said he, "Well, sir?" I said, "General, he will fail you." ''Fail me?" said he; side toward Washington. He and his staff were at a, little house; !think it was "' what do you mean? What did he say?" Said I," It is not so much what he a kind of peach orchard; I think mo t of them were sitting down. aid, •though he said enough; he is going t-o fail you." These expressions I re­ Q. Describe what you saw and heard, so far as General Porter was concerned. peat. I think I remember them with exactness, for I was excited at the time A. As I crossed the run I beard General Porter make this remark: "Go tell from the impression that had been mane upon me. Said General Pope, "How Morell to halt his division;" and he added," Idon'tcareadamn if we don't get can he fail me? He will fight where I put him; he will fight where I put him;" there." I am very particular a.bou t tho e words, because I recollect them and I or, "He must fight where I put him: he must fight where I put him "-one of have spoken of them. tho e expressions. This General Pope said with a great deal of feeling and im­ Q. On the next morning where were you? petuously, and perhaps overbearingly, and in an excited manner. I replied in A. I marched with the regiment, and I think we went up about a far as Ma­ the same way, saying that I was certain that Fitz-John Porter was a. traitor; that nassas Junction, where we halted a short time; then the regiment turned off to I would shoot him that night, so far as any crime before God was concerned, if the left, I believe, and crossed the road and came ofl' on a. road not exactly par­ the law would allow me to do it. I speak of this to show the conviction that I allel, but curving off and following the general direction of the 1\fanassae Gap received from General Porter's ·manner and expressions in that interview. I Railroad, I think. have only to add that my prepossessions of him were favorable, as it was at head­ Q. Do you know the place where you halted? quat·ters up to that time. I never had entertained any impressions against him A . We halted on a small knoll; part of it overlooked quite a large valley ; until that conversation. I knew nothing wit.h regard to his orders to move up quite a large part of it was cleared, and on the right! saw the line of the Manas­ t<> Kettle Run. I knew nothing of any failure on his part to comply with any sas Gap Railroad. orders. ~ . Q. This point that I have indicated on the map as Dawkin's Branch? Q. State more distinctly the point where you saw General Porter on the 28th A. I should take the branch to be a little farther away. I should take the .of August? branch to be about a mile away from the place where we halted; there might A. He was encamped at the Manassas water station, between Bristoe and the have been a dry run attbe foot of this knoll, but I think not. junction. The water station was a short distance from his headquarters. [The Q. What did you do aiter you came to a halt there? witness indicated upon the map before the court where he thought the place to A. I went down on the railroad. I went around generally in the woods and be.] I do not think the water station is more than one-third the distance from looked at the situation generally; saw firing was going on along t.be right of us, Bri toe to Manassas Junction. That is my impression; I can not speak posi­ over toward Thoroughfare Gap. .th•ely about it. Q. Did you see any indication of an enemy immediately in your front? Q. In the conversation tb which you refer, did or did not General Porter man­ A. I did not see any for a mile or more; I looked along through the field close. ifest any anxiety to get posses ion of, and have distributed in his corps, the General Porter came up and borrowed a glass of me; he asked me what I had .ammunition of which you speak? . seen. I told him I thought there was a battery coming in about a mile from us A. No, ir; Ithoughtheshowedanutterindifferenceuponthesubject; showed on the Washington side of the road. Not very far from it I think there was a. lit very plainly. small bouse, and I saw something that led me to suppose that there were men Q . .At what hour c.f the day did this conversation between you and General going in there. Porter take place? Q. Do you recollect what reply be made? A. I think it must have been about 4 o'clock in the afternoon; half past 3 or A. I do not know that he made any reply to me. .(o'clock. Q. Did that battery open upon you? Q. In anything that was said in that conversation, orin themannerofGeneral A. It opened shortly afterward; of course I can not tell you how many min­ Porter was there evidenced any desire or any willingness on his part to support utes, because I did not keep any note of the time. I had no intention of making Gener~l Pope in the military operations in which he was then engaged? any memorandum. It opened and fired before the troops were withdrawn; I A. Quite the contrary to that. think not exceeding three, might have been four, possibly but two, shots. Q. Can you state whether the disinclination to support General Pope, which Q. Where did those shots strike? you thought he manifested, was the result of disgust with the immediate serv­ A. One of the shots struck a man in the front rank of the First Michigan In­ ice in which he was then engaged or of hostility to the commanding general, or fantry and passed through his abdomen, and struck the first man in the r ear upon what did it seem to rest? rank in the thigh. A . It seemed to me to rest on hostility. But I do not know that I could ana­ Q. You were there at the time? lyze the impression that was made upon me. I conveyed it to General Pope in A. I was at the place and saw the men. They were sitting or lying just a little the words that I have stated. I had one of those clear convictions that a man lower down on the slope of the hill in front of me. ha a few times perhaps in his life as to the character and purposes of a person Q . Then what was done? whom he sees for the first time. No man can express altogether how such an A.. Shortly after that we \vitbdrew . . impression is gained from look,s and manner, bu:t it is clear. Q. What indications, if any, did you ee of an enemy in your front or to your Q. Had you passed over the road between Bristoe Station and Warrenton right and front or to your right? Junction on that day or on the previous day? - A. To the right and front. A. On the previous day, the 27th, I came over it after General Pope. surgeon is a. military expert. . Q. At what hour of the day did you pa.ss over it? ~~~ ~~~~~Ei~~ ~~e~nhl~ t!'i:a~~!~~~nt A. I should say that I left our headquarters, about a mile from Warrenton 1\Ir. CHOATE. I have no objection to what he saw. Junction, about half past 4 or 5 o'clock in the afternoon. I should say it was A. (Continued.) Beyondthi generalclearingtoquitcalargeextenttherewas past ihe middle of the afternoon. a smaller clearing, only a part of which could be seen; there was a small open­ Q. What was the eondition of the roads then? ing in the woods; aeross that opening there came a small body of men; they A. For the first mile and a half. until you got to Cedar Run, the road was bor­ halted in the opening, where there was evidently a depression, but their heads dered on either side by open fields or open woods, over which troops could march and shoulders could be plainly seen. easily, in great part without going on the road. Indeed, I doubt whether there is Q. About how many men? any regular road a good part of the way up. The troops marched through the A. I should judge not over twenty. fields to Bristoe Station. Q. What else did you see of an enemy in your front, or to your right and front, Q. Were you or not present at the battle of the 29th of August? or to your right? A. Yes, sir; I was present. A. Nothing. · Q . Throughout the engagement? Q. Could you see anything that would indicate the march of troops; if so, what? A. I left with General Pope when be rode onto the field, but on the way out A. I could see a large cloud of dust on the Warrenton turnpike moving towards he sent me with an order off the road, so that I did not get on the field for two Centreville. or three hours after that. Q. After that where did you "o? .

1884. CONGRESSIONAL RECORD- SENATE. 1861

A. I went into camp with troops at night, after they withdrew. eral P orter which induced you to believe that-he was an aid-de-camp? If so, state Q. Did they remain in this advanced position during the day? what that remark and what that act was. A. They were withdrawn in the afternoon; the sun was declining in the heav- A. I do not remember his making any remark to General Porter or General: ens. Porter saying anything to him. 1\ly impression is that he told me that he was Q. How far were they withdrawn? an aid-de-camp. I firmly believed at the time that he was General Porter's aid­ A. I should judge inside of a mile. .. de-camp. I did not see any act indieating that, excepting that he was a sociated Q. More than half a. mile or less? with General Porter; be was very close to General Porter at the time I had A. That I could not tell you; I could go to the spot, to the place where they the conversation with him; within hearing of General Porter if he had listened came, because we withdrew on the same road, and then came back and went into to it. camp again after dusk. Q. Do you, or not, suppose that his statement to you,-that he was au aid-de­ camp of General Porter, could have been heard by General Porter if he had been CAPT. DOUGLASS POPE SWORN. listening to your conversation? · Capt. Douglass Pope was then called by the Government, and sworn A. It could. Q. Do I not understand you, then, to say that that conversation occurred in and examined, as follows: fact in the presence of General Porter? By the JUDGE-ADVOCATE: A. In the presence of General Porter; yes, sir. Q. Will you state what is your rank in the military service? Q. Were you not charged by that officer with a message to General Pope A. I am captain and additional aid-de-camp. that a scout h ad come in reporting that the enemy were retreating through Q. Were you with the Army of Virginia. in its late campaign under Major-Gen- Thoroughfare Gap? eral Pope? A. Iwas. A. Iwas. Q . Did you regard that message as given to you seriously or je tingly? Q. In what capacity? A. Seriously. A. As additional aid-de-camp to General Pope. Q . How long a time had elapsed from the time of your interview with Genera] Q. Were you or not on theneld of the battle of Mana as on Friday, the 29th Porter until your return to General Porter's encampment? of August? A. About three-quarters of an hour, I suppose; between that and an hour. A. Iwas. Q. On your return tQ his encampment, did you or notob erve any preparation Q. Did you or not on that day bear any order from General Pope to General on the part of his officers or of the troops for an advance upon the enemy? Porter; and, if so, what was its character, and at what hour did you bear and de­ A. I did not. liver it? * "' * • * * * A. I received an order from General Pope, to be delivered to General Porter, Q. What was the dress of this officer whom yon supposed to be au aid-de-camp? at half past 4 o'clock. The purport of the order I did not know at the time. I A. I do not remember. I do not know whether he had a staff officer's shoul­ went directly to General Porler with that order, and it reached him by5 o'clock. der-straps on or a line.officer's. I do not remember now which it was. He was Q. Was or was not that the only order which on that day you had to General · in uniform. Porter from General Pope? The examination by the judge-advocate here closed. A. Itwas. Q. Where did you find General Porter with his command? • Examination by the AccusED: A. I found him at the forks of the road leading from 1\Ianassas. to Gainesville Q . How does the witness fix the hour of the day when he left General P ope to and Groveton, on the railroad. bear the order? Q. What di tance was that from Manassas Junction? A. From t-he date of the order, which was dated at 4.30 p . m. A. I do not know, of my own knowledge; but! have heard that it was between Q. Was the road which you took to bear the order from General Pope to Gen- two and three miles. eral Porter direct or circuitous?. Q. What distance from the battlefield where the engagement was then pend­ A. Iy impression is that it was a direct road. ing? Q. Did you pass through Manassas Junction? A. When I received the order I was to the right of the battlefield, and I sup­ A. I did not; that is, in conveying the order to General Porter, I did not. pose it was a distance of about three miles from General Porter. Q. Did you go up the railroad toward General Porter? A. I d id not; I met him right on the railroad. Porter was not with the ·head of his column, but back within two Q. You have stated how you fix the time when you received the order; how miles of Manassas Junction. do you fix the time of i~ delivery? A. By the distance and the rate at which I carried the order. Q. Did you or not, on delivering the order, learn its character? Q. And so fixing it, yon determine the order to have been delivered at 5 A. I did not. o'clock? Q. What statements, if any, did General Porter make to you in regard to the A. Not precisely at 5 o'clock; by 5 o'clock. movements which the order contemplated he should make? Q. You mean as early as 5 o'clock? A. In a conversation which I had with General Porter, after his reading the A. As early as5o'clock. It may have been threeorfourminutesafter5o'clock. order, he explained to me on the map where the enemy had come down in force Q. We understand you to say tbatyoumaketbisjudgmentastothetimefrom to attack him and had established a battery. I understood him to say that the the distance which you bad to pass over and the rate you went? enemy had opened upon him; but what he had done I do not now remember. A. Yes, sir. Q. How long did you remain with General Porter? Q. When you first started to go back from oGeneral Porter to General Pope~ A. About fifteen minutes, I suppose. did you take the sallle road back by which you had come to General Porter? Q. While you were there, or at any time before you left, did you observe any A. I did. orders given or any indication of preparation for a movement in the direction TESTIMONY OF GE "ERAL GEORGE SYKES. of the battt.lefield? · A. I did not. On the original trial Brig. Gen. George Sykes swore, after saying that Q. In what condition were the troops there at that time? he was with the petitioner when an officer brought him the order from A. I saw only a portion of them; the po1·tion that I saw I believed belonged General Pope, as follows (G. C. l\1. record, pages 177, 178): to General Sykes's division. They were on the road between the forks of the road and Manassas-what small portion of the troops I saw that belonged to By JUDGE-ADVOCATE: General Porter's corps. It was my impression they were halted there; !saw the Q. Did General Porter make known to you the <'haracter of that order? arms of some of them stacked. A. He did not. . Q. They bad their arms sta

' 1862 CONGRESSIONAL RECORD- SENATE. ~iARCH 13,

Q. Did you go up to the front? A. I did. I didn'twanthim to know that Captain Pope wn. with me. I didn't A. Very near it; sufficiently far that! could see the opening between our lines care much about an wering his question . I was not under oath. and where the rebels were supposed to be; at that time we were ina beltoftim­ Q. You were not under oath, and therefore you did not feel bound to tell him ber; the head of the column, as near as I can recollect, halted at the edge of it. the truth? Q . What indications were there of an enemy in front of you? A. That i it exactly. I found out when he got to that point what he wanted, A. I heard s veral shots exchanged, and also some few shots from the skirmish and I evaded the question. line. Q. You did tell him Captain Pope was not "ith you? Q. Anything more? A. Idid,as oonaslmistrustedwhathisobjectwa. A. That is all. Q. Did you tell him that you were ordered to leave three of the men with you Q. Did you see any enemy? at General Porter's if there were five, or four if there were seven, with you? A. I did not. A .. I don't recollect about the number. Q. What did your brigade then do? Q. Do you recollect telling him that you were ordered to leave any men with A. I think sometime in the afternoon we countermarched, probably about two General Porter? and a half miles, and then halted and bivouacked for the night. A. I told him that was the direction; I don't know whether I told him I was so directed. Cross-examination by Mr. BuLLITT: Q. Do you recollect saying to him that you traveled lowly, for both you and Q. About what time did your company get up into the front? your h01·se were worn out, and, besides, that you did not know but you might A. I think about 11 o'clock. run into the enemy at any time? Q. How near to the front were you? A. Not going; coming back. A. I suppose we were three-quarters of a mile from the front; sufficiently near Q . I a k you what you said to him. Did you tell him that you traveled slowly, so that we could see the open space. for both you and your horse were worn out? A. I told him we traveled slowly coming back. Q. Did you change your position* that* day at all to the right* or left? * Q . Did you use the words, "'Ve traveled slowly, for both I and my hor e were A . I think not. I think we moved to the rear. worn out?" Q. You have no recollection of being moved back lll.to the woods? A . Coming baek. A. I think we halted in the woods. Q. Did you ay coming back? Q. The only move you made was to march back about two miles? A . Yes; I did. A. Y e ; that is all I recollect. Q . And did you say to him, "and, besides, I did not know but what we might run into the enemy at any time?" * * * * * * A. Yes; coming baek . . Q. How far back in the woods were you? Q. You said coming back? A. We went back about two and a half miles or two miles, but the exact J20int A. Yes; that wa the only time I ugge ted running into the enemy, coming it is impo ible for me to mark; we may have moved up here [in the woodsj and back? taken a zigzag. Q . Did you say," I walked my horse a good deal of the way ; after I got on the .. * * * * * main road at' E,' I soon found it full of General Porter's troop , and they pre­ Q . Then you took your position in the woods, and then you subsequently vented my getting along very fast?" countermarched toward Bethlehem church. Now, I want to know whether A . I suppo edit was Porter's troops. [Witne s looks at the map.] Thi is too you made any other movement after you bad passed Bethlehem church and far down. I did not see any ' E" on the map when I was talking to him. got up toward Dawkin.'s Branch except fir t to march to the point where you Q . You did notsay to him, "After getting on the main road at 'E' I oon found fir t halted; then you got into the woods, and afterward countermarched about it full of General Porter's troops?" two miles back to Bethlehem church. Did you make any other movement dur­ A . Not at "E." I supposed them to be Porters troop ; but it wa farther up ing that day? this way; not as far down as that was. A. No, sir. Q. It was nearer to the railroad than the letter E on the Collins map? A. Yes, sir . Q. Will* you explain* what you * mean by countermarching* in that particular* Q. Did you tell him it was about 6 p . m . when you delivered to General Porter instance? the order . A. 'Ve marched to the front, and then faced the column about and went to the A. No, sir. He wanted me to say so, but I wouldn't do it. Then be wanted rear. me to say it was half past 6, and I wouldn't do it. Q. Did you countermarch by brigade? Q. You did not want to deceive him, then?. A. By regiments and brigades, as near as I can recollect. A. I bad an object in not letting him know about Captain Pope. I didn't. want Q . By which; rel}iments or brigades? to be summoned. A . By brigades, I think. . Q . Your object in not telling him that Pope was with you wa in order not to Q. You were in the feading brigade a.s you went forward? be summoned here? A. I was in the leading brigade, Sykes's division. A . No; I didn't want to be summoned. Q. 'Vben you countermar ched and marched to the rear where were the other Q. That was the reason you deceived him in reference to Captain Pope being two bri~mdes of the division? with you? A. I think they were going to the rear. A. That was one reason. · Q. You did not pass them? 1 Q. You did not say that it was not earlier than that, but may have been a little A . -o, sir; I think not. later? Q. Did you march in the road going back? A. How is that? Earlier than what? A. Yes, as near as I can recollect. Q. "I think it was about 6 p.m. when I delivered the order to General Porter. It was not earlier than that, and may have been a little later." CHARLES DUFFEE SWOR.."i. A. No,sir; Ididnotsaytbat,because lknewitwa not o. I -knewitdidnot Charle Duffee (page 609, board record), called on behalf of the take me any hour and a half to ride four and a half or five miles. Government, being du]y sworn, testified as follows: * By the REOORDElt: * * Direct examination by the RECORDER : Q . Who commanded the battalion of your regiment at the headquarters of Q . Where do you reside? General Pope? A. Washington Court House, Ohio. A. I don't know as I can tell. I was not with the company much; I was at Q . On the original trial in 1863 of the petitioner here you were called as a wit­ headquarters all the time; but I think Captain Jone , who wa a lieutenant at ne for the Government, were you not? that time. A. Yes, sir. Q. '\Vho wa the lieutenant-colonel of your r egiment? Q. And testified as to the direction you took in delivering a certain order, A . T. C. H . Smith, who was then at Pope's headquarter , and I believe 1\Ienken commonly known a the "4.30 p. m. order?" . bad command of a quadron, bnt I don't recollect whether it was so or not. A. Ye, ir. Q,. Where did you first see this map called the " Collins map?" Q . 'Vhere were General Pope's headquarters on Friday afternoon, .August 29, A . I do not know. I saw one map at olumbus. w·hetber that is the same 1862, about 4 o clock? one or not I do not know. I h a ve no marks by which I can tell. A . He was at the right-hand side of the stone house on the hill. Q. Who bad it there? Q. Do you know what that hill is called? A. Francis Collin . A. I don't recollect now. · I recollect the place very well. Q. Have you seen him since that time ? Q . Where were you at the time that Captain Pope received the 4.30 order? A . I saw him here in the court-room; met him at the door on Friday. A. I was at General Pope's headquarters, not over three or four rods from his Q. Did you make these marks on that map? [Red marks.] headquarters, in the edge of the woods. A . No, sir. Q. 'Vhat were you doing there? Q. A_;re Y.ou familiar with maps of that kind? A. A waiting orders. • A. o, Sir. Q. 'Vhat then transpired? Q . What is your occupation? A. Captain Pope called for his horse and mine and I fetched them up; Mr. A. I am now in the grocery busines ; my regular bu ine is boots and shoes. Ruggles, I believe gave him the order. He was giving him the directions of Q. Were you acquainted with Mr. Collins before this int~rview that you had Porter's headquarters when I came up. I spoke up and told him I knew the with him in Columbus? road; I had been through there before. A . I saw him once before that, but I was never acquainted with him. Q . How soon after that did you staJ·t? Q. 'Vas that the fir t interview that you ever had with him in reference to this A . We immediately started. I think I was mounted when he was speaking case? about the road, if I recollect r ight. . A. I had another interview with him, but be did not tell me at that fir tinter· Q. Have you since been over the route that you took at that time? view what hi object was, only that he wanted to eeme. A. Ye , sir. Q. How long ago is that? Q. Recently? A . I do not know as I can recollect just what year it was in. It was about. A. Last Tuesday. eighteen months or maybe two years after the first trial. Q. Under my instructions? Q. Whatwa theoccasionofyourgoingtoColumbus from your home at Wash- A. Ye, sir. ington Court House? Q. In thi conversation with 1\Ir. Collins, when you pointed out the route on A. Do you mean the second time? that map, did you not state that the route which yon took was an old road, not Q . Yes. used by wagons, but wagons could have traveled it? A. I received a letter from 1\Ir. Collins reque. ting me to come to Columbus; A. Ye ; part of the road was. that be wanted a private interview with me. He stated it would be at his ex­ Q, I a ked you what you said to him. pense if I came. I did not know what be wanted. I s uppo ed it wa the Por­ A. I don't know whether I told him the whole road was so or not. ter ca e, and I dropped him a few line and told him if he would send me 10 I Q. I only asked you what you told Collins. Did you tell him that it was an would go, and gave him reference in Columbus that I would perform my part old road not used by wagons, but wagons could have t1·aveled over it. of the contract. In a few days the SIO came, and I went. A . Do you mean to say the whole distance? Q.. What did 1\1r. Collins say he wanted with you? Q . I ask you what you said to him. A. He told me when I first went into his office that it wa in regard to the A. I didn't tell him the whole road; a part of the road. P orter trial. 'Ve talked n. few minutes, and he then inYited me over to hi Q. You told him a part of the road? house. A. Yes,sir. Q. What did he ask you? Q. Did you tell him that neither Captain P op enoranyotherofficerwentw ith A. It was in regard to the time when we left General Pope' headquarters you, but that five or seven men went with you 't with that 4.30 order, the road that we traveled, and the time that we got there. 1884. CONGRESSIONAL REOORD-SENATEe 1863

Q,. Go on and describe, as near as you can, what que tions he asked you. The PRESIDENT OF THE BOARD. For the present. · A. He asked me the road, asked me the point where General Porter's head­ Q. When that remark was made·what was the conversation? quarter's were, and what time I thought it took me to travel the distance, what A. It would be impossible for me to state another word of that conversation time I started, and the time I got there. Says he, "Can you recollectwhetherit positively. 1\Iy recollection is that it referred to the testimony which had been was a late as half past 6?" I told him no. Then he wanted to know if it was given that day and concerning which General Porter seemed to be considerably as late as 6. I told him it was not. excited. EVIDENCE OF GENERAL GR!FFIN. WILLIAM B. LORD TESTIFIES. Then take the evidence of General Griffin. General Griffin com­ William B. Lord testifies as follows (board record, marginal page manded .one of the brigades of Morell's division. Griffin retired with I 969) : his brigade to Centreville. He said: Q . 'Vill you state sub tantially what that interview was arid what General Porter said? In the evening, a little after dark, there were some very heavy volleys of mus­ .A. I had been directed by the judge-advocate of the court to proceed to the ketry, the enemy evidently driving om· troops right before them. That mus­ rooms of General Porter, and to look for some telegrams that had been introduced ketry was to our right and front, I should say two miles; maybe not so far, in evidence that day and that had been mislaid in someway. "While there look­ maybe farther. I should have stated, when I stated that I heard no other firing ing oYer orne papers General Porter made the remark," I was not loyal to Pope; but artillery, that in marching we bad some skirmish firing. there is no denying that." Q,. You spoke of having returned from the movement you made to the right Q. Do you recall anything el e that he said in that connection? in consequence of obstacles that you encountered. What was the character of A. I can not say that I do, and I doubt if I should recall that now but for the tho e obstacles and what efforts did you make to overcome them? peculiarity of the circumstance, and the fact that I made a record of it myself a A. I led off my column. We ran up into some little thick pine bushes. We few days afterward; ot.herwise I think likely I should have forgotten it. halted thel'e. The next order I got was t.o move back again. Some one re­ Q. That was during the progress of his trial before a general court-martial? ported that we could not li!:et throue:h. I made no.reconnaissancewhatevermy­ A. ltwas. self. The PREsiDENT OF THE BOARD. The decision is that the letter is admissible Q. You say that you had failed to get through to the right during the day of for the purpose stated by counsel, namely, not to prove the fact, but to test the the 29th of August. Will you state what efforts were made by you or by Gen­ credibility of the witness. eral Porter to get through on the right during that day? A. I merely obeyed orders. By the RECORDER: Q. You have stated in yourcross-examination thatthe feelings which had act­ He does not say that he made any effort, but'' I merely obeyed uated you you expressed at the time you wrote that letter to your wife. It was orders.'' not called for by the counsel for the petitioner; I will call for it. Please let me 1\ly position was at the head of my brigade. What e~rts General Porter know what you stated on the subject. if you have that letter her~. made I am not aware of. .A. [Witness produces a book.] Shall I read? Q. Just that part and no more. GENERAL MORELL'S TESTI1\IONY. The witness read a follows: Generall\forell, division commander of Porter, says: "I have been a little bothered about General Fitz-John Porter. I had to go t.o his room on 1\londay to get some papers that belonged to the court that he Colonel I\Iarshall reports that two batteries have come down in the woods on had had to copy. One of the reporters of the New York Times was along with om· right toward the railroad and two regiments of infru1try on the road. If me. While in the room, after some conversation, General Porter made the re­ this be so. it will be hot here in the morning. mark, 'Well, I wasn't loyal to Pope; there is no denying that.' Now, that is Q. Was that returned with this indorsement of General Porter: "Move the really the charge against him before the court-martial-that he did not do his infantry and everything behind the crest and conceal the guns. We must hold duty as an officer before the enemy, and that he did not act rightly toward that place and make it too hot for them. Come the same game over them that General Pope, his commanding officer. General Porter said what he did in the they do over us, and get your men out of sight?" privacy of his own room, without thinking of the effect of his words. After A. Yes, that was the next one. thinking it over I have concluded it better not to say anything about it now, Q. When that wa received by you, directing you to move your infantry and though I would not promise as much for that newspaper correspondent." everything behind the crest and conceal the guns, where were your infantry and Q. That is your letter-press copy of your letter to your wife? the other troops? A. Itis. A. At that time they were deployed in line, mostly two brigades, along the crest Q,. Do you retain usually letter-press copies of your letters to your wife? that leads to the descent towards Dawkin's Branch. A. All of my correspondence. Q,. It was from there that you were directed to move?· Q,. Do you know whether or not some one may not have heard the same lan­ A. From thel'e I was directed to put the men under cover. On this left.-hand guage ali some other time or an affidavit made on the subject and communi­ side of the road as we advanced it was all open ground; on the right-hand side cated to Senator Chandler? bu bes. One of my batteries, supported by a brigade, was on the right-hand side A. :I know nothing about that. of the road, just on the crest of the ridge; the other battery on this side. 'Vhen General Porter sent me that order I put them back into the pine bushes; and the WATEBMAN L. ORMSBY CALLED. other two batteries on this side of the road were on a slight depression; I supposed Waterman L. Ormsby (board record, page 638), caJled by the re­ the ridge in front wonld conceal them from the enemy. I had three batteries, and corder, being duly sworn, was examined, and testified as follows: one was in position all the time. Direct examination: . General :Morell continues, on page 423, board record: Q. Where do you reside? Q. Why is it that on No. 30, the communication from General Porter to your­ A. Two hundred and forty-seven Putnam avenue, Brooklyn. self, and on those that follow, there is no memorandum of the hour and minute Q. Do you know the petitioner? of the receipt? · · A. By reputation. A. It was always my practice to note the hour of the receipt. Two days pre­ Q. I mean do you know him when you see him? vious to that, on the march from Kelly's Ford to the junction, I injured my A. I should not have known him to-day if he had not been pointed out to me. watch, and then I had to guess at the time. Q.-Do you recollect having seen him at any time during the month of Decem- Q. And you did not put on the guess? ber, 1862? A. I did not put on the guess. A. !do. Q. Will you state whether the indorsement of General Porter on No. 31 was Q. Where was it? received by you as appears upon it? A. In his room in the city of Washington, at his residence. .A. Yes, sir. Q,. About what time in the month was it? Q,. Your communication to him is this: A. I can't recollect.. 11 GENERAL PoRTER: I can move everything out of sight except Hazlett's bat­ Q. In reference to the beginning or end of the month? tery. Griffin is supporting it, and i on its right~, principally in the pine bushes. A. I have no recollection. The other batterie are retired out of sight. Is tbJs what you mean by every­ Q. At the time you S';tw him there were you accompanied by anybody? If so, thing? by whom? "GEO. W. MORELL, MaJo1'-General." .A. By 1\Ir. Lord, the official stenographer of the court-martial. A. Yes, sir. Q. What is his first name? The indorsement was read, as follows: A. I think William Blair Lord is his name. 11 I think you can move Hazlett's, or the most of it, and post him in the bushes Q. ~o you recall the purpose for which you went to General Porter's room? with the others, so as to deceive. I would get everything, if possible, in ambus­ A. "es. · Q. Please state it. cade. All goes well with the other troops." A. I went in company with Mr. Lord for the purpose of procuring some docu­ The WITNE..."S. Yes, everything was out of sight except Hazlett's battery. ments which had been offered in evidence that day and which 1\lr. Lord desired That was expo ed all day long. for the official record, and which I desired to be used in my report for the New Q. Then, on the receipt of No. 31 from General Porter, you did not succeed in York Times, which I then represented. getting Hazlett's battery under cover? Q. At that time do I understand that General Porter's trial was in progress? A. No, I didn't attempt to. I wanted to keep one battery in position. That A. It was then in progress. was in front of the bushes, with a brigade immediately behind it. Tb~ other Q. Do you recollect the conversation? two brigades were massed in the rear of that. . A. Only a small part of it. 11 GENERAL MoRELL: Tell me what is passing quickly. If the enemy is coming, Q,. Do you recollect any remarks made by General Porter? hold to him, and I will come up. Post your men to repulse him. A. I do. One made a strong impression upon me at the time. "F. J. PORTER, Majo1·-Genel·al." Q. 'Vhat bad it relation to? Q. What next? ~: {~~!t ~~:~~: r~~~::;~~ifh~:~d~neralPope and General McClellan. A. Then, I think, 35; which is a note from me to General Porter: 11 GEl>"'ERAL PORTER: Colonell'!Iarshall report.samovement in frontofhi left. A. "I wasn't loyal to Pope: I was loyal to McClellan." I think we bad better retire. No infantry in sight, and lam continuing the move­ Q. What did you at the time understand that the remark had reference to? ment. Stay where you are, to aid me if necessary. l'llr. CHOATE. That I object to. His understanding of the matter is unimpor- "MORELL." tant. The RECORDER. On the contrary, if he knows what the conver8ation is about. 11 Colonel Marshall reports a movement in front of his left. I think we had Mr. CHOATE. He should certainly be permitted to give all the conversation better retire." that he recollects, but anything outside of that certainly cannot be drawn from the witness. What does Porter say? The PRESIDENT OF THE BOARD. Perhaps the recorder can change the form of "GENERAL MoRELL: I have all within rea()h of you. I wish you to give the the que tion so as to elicit the facts without its being subject to objection. enemy a good shelling without wasting ammunition, and push at the same time '.rhe REcoRDER. I will take the ruling of the board upon the question. a party over to see what is going on. We can not retire while 1\lcDowell holds Mr. CHOATE. Wesupposetbatitis the board's understanding of anything that his own. General Porter may have been proved to have said and not the witness's under­ ''F. J.P." standing. I desire in this connection to call the attention of the Senate to the The PRES~ENT OF THE B

A. I think not. I think those immediately behind Hazlett's battery remained rea-eb a road up which King is moving and hebasgotabeadofyou, let him pass, where they were, and the others went to the rear. but see if you can not give help to Sigel. If you find him retiring, move back • • • • • • • towardl\Ianassas, and should necessity require it, and you do not bear from me, · Q,. Will you look at the communication from General Porter to Generals Mc­ push to Centreville. If you find the direct road filled, take the one via Union Dowell and King, on that day, which is printed on page 243 of the original record? Mills, which is to the right as you return. "GENERALS McDOWELL AND KING: I found it Impossible to communicate by F. J. PORTER, Major-General. crossing the woods to Groveton. The enemy are in great force on this road, and Look to the points of the compass for Manassas. as they appear to have driven our forces back, the force of the enemy having a-dvanced and ours retired, I have determined to withdraw to :1.\Ianassas. I have . G~"'RELL, Major-General. Q. Or any movement in that direction? Indorsed as follows: A. Nothing of the kind. Q,. 'Vill you lookatacopyofacommunication from General Warren to General Move the infantry and everything behind the crest and conceal the guns. We Sykes, dated 5.45 p.m., August 29,1862, which hasbeenputin e>idence? [Paper must bold that place and make it too bot for them. Come the same game over shown witness.] In this General Warren uses these words. I will read the them they do over us, and get your men out of sight. whol~· of it: F. J. PORTER. •• GE:!I."'ERAL SYKES: I received an order from Mr. Cutting to advance to the sup­ GENERAL PoRTER: I can move everything out of sight except Hazlett's bat­ port of Morell; I faced about and did so. I soon met Griffin's brigade withdraw­ tery. Griffin is supporting it, and is on its right, principally in the pine bushes. ing, by order of General Morell, who was not pushed out, but retiring. I faced The other batteries and brigades are retired out of sight. Is this what you mean about and marched back two hundred yards or so; I met then an orderly from by everything? · General Porter to General.l\1orell, saying he must push on and press the enemy; that all was going well for us and he was retiring. Griffin then faced about, and GEO. W. l\IORELL, Major-General. I am following him to support General Morell, as ordered. None of the batteries Indorsed as follows: are closed up to me. GENERAL MoRELL: I think you can move Hazlett's, or the most of it, and post "Respectfully, "G. K. WARREN." him in the bushes with the others, so as t-o deceive. I would get everything if Q,. Do you know anything of that allusion to yourself in it? possible in ambuscade. All goes well with the ot.her troops. A. No, sir; I never gave General Griffin any order of that kind. F. J.P. Q,. What kind? A. That he should retire or retreat. There was no order t-o leave the front, GENERAL l\IORELL: Tell me what is passing quickly. If the enemy is coming, except to get under co>er of those bushes. bold to him, and I will come up. Post your men to repulse him. Q. State whether during the whole of the 29th you had your whole division F. J. PORTER, MaJor-GeneraL. in con:mand ready to meet any atta-ek that might be made by the enemy. A. Yes; I did. GENERAL PORTER: Colonel Marshall reports a movement in front of his left. I Q. Although they were under cover, as you have described? think we had better retire. No infantry in sight, and I am continuing the move­ A. ·within reach, at any rate, of the batteries just at the other side of the road; ment. Stay where you are, to aid me if necessary. within a few minutes' call. MORELL. Q. Were y 0 ur advanced regiments and skirmishers in such position in the GENERAL MoRELL: I have all within reach of you. I wish you to give the neighborhood of Dawkin's Branch that if any movement toward attacking you enemy a good shelling without wasting ammunition, and push at the same time had been made by the enemy you would have known it in time to receive it with a party over to see what is going on. We can not retire while McDowell holds the whole of your division? his own. A. I think so. F. J.P. Q. Will you state what action you took in obedience to No. 37, which directed you to push up two regiments supported by two others preceded by skirmish­ AUGUST 29. ers, the regiments at intervals of two hundred yards, and attack the section of artillery opposed to·you-what you did with the four ref?iments indicated, and GENERAL 1\IORELL: I wish you to push up two regiments support-ed by two what you did with the rest of your division in connectiOn with what you did others, preceded by skirmishers, the regiments at intervals ofiwo hundred yards, or what you ordered? and attack the section of artillery opposed to you. '£he battle works well on om· * * * right, and the enemy are said to be retiring up the pike. Give the enemy a good A. 'Vhen I received that order-the* latter* part says* "the battle * works well on shelling as our troops advance. F. J. PORTER, our rig~t"- • * * * * Major-General. Ccmmanding. "the battle works well on our right; the enemy said t-o be retiring up the pike"­ I said immediately to the person w bo brought it that the order was given under GENERAL MORELL: Put your men in position to remain dm·ingthe night and a misapprehension. We knew the enemy were not retiring; and I believe I have out your pickets. Put them so that they will be in a position tore istany­ sent that message to General Porter. I immediately gave orders to move the thing. I am about a mile from you. IcDowell says all goes well, and we are whole of my division to the front to be in readiness to support the four regi­ getting the best of the fight. I wish you would send me a dozen men from the ments. While that was going on I received a verbal order from Colonel Locke cavalry. Keep me informed. Troops are passing up t-o Gainesville, pushing the to make an attack. 'Vhen I received this order it was quite late in the after­ enemy. Ricketts has gone; also King. noon, just before sunset; the sun was almost touching the tops of the trees. F. J. PORTER, llfaJor-General. And soon after that an order in writing, which is No. 38, "to put the men in po­ WARREN'S NOTE TO GENERAL SYKES. sition and remain dm·ing the night." 5 h. 45 m. P. M., Aug. 29, '62. General Morell's attention was here called to Colonel Locke's state­ GENERAL SYKEs: I received an order from J.\Ir. Cutting to advance and sup­ ment on court-martial trial, and then this follows: port Morell. I faced about and did so. I soon met Griffin's brigade, withdraw­ "He (that is, the messenger from General Pope) handed the general a note, ing, by order of Gent>rall\Iorell, who was not pushed out, but returning. I faced w bich I afterward ascertained was an order for him to attack the enemy at once. about and marched back two hundred yru.-ds or so. I met then an orderly from He very soon aft.erward ordered me to ride up to General Morell and direct him General Porter to General :Morell, ~aying he must push on and pres the enemy; to move forward and attack the enemy immediately, and t-o say that he would that all was going well for us, and he was returning. Griffin then faced about; be up himself right after me." and I am following him to support General Morell, as ordered. None of the bat­ teries are closed up to me. Then on page 223: Respectfully, G. K. WARREN. "Toward the close of the day, when I was sent by General Porter to General It was denied that General Stu"rgis was. under Porter's orders; here Morell with the order for him to move forward his division and atta-ek the enemy, on my way up to General Morell I passed Colonel (now General) Warren." is the evidence : Is that, as you now understand it, the verbal order.whicb General Locke finally GENERAL STURGIS: Please put your command in motion to follow Sykes as brought to you to attack afteryou had received and were proceeding to execute soon as be starts. If you know of any other troops who are to join me, I wish No. 37? you to send them notice to follow you. A. I think now that it is, from conversations that I had ha-d with l\Iajor Eade. We march as soon as we can see. At the time I knew nothing about this 4.30 order. F. J. PORTER, Jlajo1·-General. Q. You merely received this written and verbal order directing an attack in succession? PORTER'S DISPATCHE TO lii'DOWELL AND KING. A. Yes; and when Colonel Locke came to me with that order I was engaged General McDOWELL or Kn-G : in getting my men up to the front, and I supposed it was rather supplementary I have been wandering over the woods, and failed to get a communication to the written order, and perhaps to expedite the movement. After this inves­ to you. Tell how matters go with you. The enemy is in strong force in front tigation was begun I tried very bard to recollect who brought me that written of me, and I wish to know your design for to-night. If left to me, I shall have order to attack with fom·regiments, and until I conversed with l\Iajor Earle and to retire for food and water, which I can not get here. How goes the battle? saw the letter of his I could not fix it. But upon talking with him I am very It seems to go to our rear. The enemy are getting to our left. well satisfied now that he did bring the order, and that Colonel Locke's order F. J. PORTER, 1·eferred to the 4.30 p. m. order. Majm·-General Volunteers. Q. Colonel Locke's order that he describes as being for you to attack with your division? A. As Colonel Locke states in his testimony, on page 223. I can not speak GENERAL McDOWELL: Failed in getting Morell over to you. After wandering positively, but, from conversation with Major Earle and my recollection, I have about the woods for a time I withdrew him, and while doing so artillery opened no doubt that it is so. . upon us. The fire of the enemy having advanced and ours retired, I have de­ termined to withdraw to :Manassa . I have attempted to communicate with There is the evidence of his own staff officer showing that he saw him McDowell and : :gel, but my rues engers have run into the enemy. They have receive the order, and that he immediately sent an order to Morell to gathered artillery and cavalry and infantry, and the advancing mas es of dust show the enemy coming in force. I am now going to the bead of the column to attack, and so soon as he gave the order for Morell to attack then he see what is passing and how affairs are going, and I will communicate with you. dispatched a written order to Morell d·irecting him not to attack, but Had you not better send your train back? w remain in statu quo all night. .t<'. J . .PORTER, Major-General. Dispatches that passed between Porter and General :Morell on the AlJGlJ T 29, 1862. 29th of August, 1 62, while l\forell occupied the position mentioned GE:!'.'ERALS McDOWELL AXD KING: I found it impossible to connnuntcate by by him in his testimony, and while Porter was two and one-half miles crossing the woods to Groveton. The enemy are in stroug force on this road, and as they appear to have dri-ven our forces back, the firing of the enemy b a·.-ing­ hack at Bethlehem chapel: advanced and ours retired, I ha>edetermined to withdraw to Mana sa . 1 h:..ve DISPATCHES BETWEEN PORTER AND MORELL. attempted to communicate with McDowell and Sigel, but my messenger" lul\·e AUGUST 29, 1862. run into the enemy. They have gathered artillery and cavab·y and infantry, G.EZ.."'ERAL MORELL: Push over to the aid of Sigel and strike in his rear. If you and the advancing masses of dust show the enemy coming in force. 1884. - CONGRESSIONAL RECORD- SENATE. '1865

I am now going to the head of the column to s~e what is p~ingand ho~ af-. That_battle was after this so-called disobedience of orders; and what­ fairs are going. Had you •ot better send your tram back? I Wlll commurucate ever may have been the disobediP.nce, if you choose so to call it, of Fitz­ with you. F. J. PORTER, Major-Gene1·al. John Porter on the 29th, it seems to me that everyman who feels that I desire to call attention to the fact that none of the communications he ought to do justice to him will estimate his patriotism and fidelity to Morell, McDowell, and King, or any other officer, by Porter, has the by what he did on the 30th. It was Butterfield's division that con­ time of sending or receiving the same marked on that day-a very un­ fronted ours in that contest, and Butterfield's division was in Fitz-John usual an unmilitary proceeding. Porter s corps. There could have been no treason in the heart of a man DISPATCH OF GENERAL BUFORD TO GENERAL RICKETTS. who commanded at that time the Federal troops against the then con­ IlEADQUARTERS CAVALRY BRIGADE-9.30 a.. m. federate troops. GENERAL RICKETTS: Seventeen regiments, one battery, and five hundred cav­ I say, therefore, that in my judgmentFitz-John Porter ought to be alry passed through Gainesville three-quarters of an hour ago on the Centre­ re tored. If be disobeyed an order and simply disobeyed it in the ex­ ville road. I think this division should join our forces now engaged at once. ercise of what he thought was a proper discretion, God knows be has Please forward this. JOHN BUFORD, Brigadier-General,. suffered enough. I can recall an instance almost imilar to it when General J ackson told Garnett that he must go to the rear of his com­ The bill was reported to the Senate as amended, and the amendment mand and suffer under arrest at Harrisonburg for withdrawing the Sec­ made as in Committee of the Whole was concurred in. ond Infantry from the stone fence at Kernstown, but yet within a year Mr. 1\ITLLER, of California. Before voting on this bill ~ should Garnett was restored, and he attested hi!!fide1ity to what he believed to like to have it read. be right by the sacrifice of his life at the battle of Antietam. The PRESIDING OFFICER. The bill as amended will be read. I hope, sir, that when we restore Fitz-John Porter we hall restore The Chief Clerk read as follows: him wholly, and that we shall do to him that justice which in my judg­ That the President be, and he is hereby, authorized to nominate and, by and with the advice and consent of the Senate, to appoint Fitz-John Porter, late a ment belongs to him and ouo-ht to have been done for him some years ago. major-general of the United States volunteers and a brevet brigadier-general The PRESIDING OFFICER. The question is on the engrossment and colonel of the Army, to the position of colonel in the Army of the United of the amendment and the third reading of the bill. States, of the same grade and rank held by him at t-he time of his dismissal from the Army by sentence of court-martial promulgated January 27, 1863, and, in The amendnient was ordered to be engrossed and the bill to be read his discretion to place him on the r etired-list of the Army as of that grade, the a third time. retired-list bemg1 thereby increased in number to that extent; and all laws and The bill was read the third time. parts of laws in conflict herewith are suspended for this purpose only: Provided, That said Fitz-John Porter shall receive no pay, compensation, or allowance The PRESIDING OFFICER. The question now is on the passage whatsoever prior t-o his appointment under this act. of the bill. Mr. :MILLER, of California. Mr. President, I move to amend by Mr. EDMUNDS. Let us have the yeas and nays. striking out the words ''in his discretion,'' in the twelfth line. 'l'he yeas and nays were ordered; and the Secretary proceeded to call Mr. EDMUNDS. That is not in order now. That is to amend an the roll. , amendment which has been agreed to. Mr. BECK (when his name was called). I am paired on this matter The PRESIDING OFFICER (1\'lr. FRYE in the chair). The Clerk with the Senator from Maine [Mr HALE], who is necessarily absent. informs the Chair that these words are in the original bill and are not If he were pre..~nt, I would vote "yea" and be would vote " nay." in the amendment as agreed to by the Senate. Mr. BOWEN (when his name was called). I am paired with the Mr. MILLER, of California. Are they not in the bill as it stands? Senator from Florida [Mr. JONES]. I should vote "nay " if he were The PRESIDING OFFICER. They are not in the bill as it stands here and he would vote '' yea.'' now, the Chair is informed. .Mr. BUTLER (when his name was called). I am paired generally Mr. CONGER. Mr. President-- with the Senator from Pennsylvania lMr. CAMERON]. I understand The PRESIDING OFFICER. The Clerk now informs the Chair that he is in favor of this bill, and I shall therefore vote, and will announce the words mentioned by the Senator from California are in the amend­ while lam up that I understand tbeSenatorfromPennsylvaniaispai:r:ed ment adopted by the Senate, but as the amendment has been agreed with the Senator from Rhode Island [Mr. ANTHO~Y] on this question. to it is not now open to amendmen.t. Ir. CAMERON, of Wisconsin (when his name was r.alled). Upon Mr. SEWELL. Let the Secretary read the bill again. The bill a this question and on all questions connected with this bill I am paired reported by the committee is the exad bill of last year verbatim. with the Senator from Mis issippi [Mr. GEORGE]. If I were not paired The PRESIDING OFFICER. Does the Senator desire to have the with him, I should vote "nay." bill read again? Mr. MILLER, of New York (when his name was called). On this Mr. SEWELL. Not unless there is doubt about it. question I am paired with the Senator from West Virginia [.Mr. CAl\1- The· PRESIDING OFFICER. The bill is open to amendment. If DE~]. Ifhe werehere, he would vote ''yea'' and I should vote ''nay.'' there be no amendment, the question is on ordering the amendment to Mr. PLUMB (when his name was called). On this question I am be engrossed and the bill to be read the third time. paired with the Senator from Missouri [Mr. VEST]. If he were present, Mr. CONGER. Mr. President, I move, inthetwelfth and thirteenth I hould Tote ''nay.' lines, to strike out the words "on the" and in ert "a," and in the thir­ l\Ir. SAWYER (when his name was called). I am paired on this teenth line to strike out the word "the" and insert "an additional." question with the Senator from West Virginia [Mr. KE...~NA]. If he Mr. F...Dl\fUNDS. The amendment adopted as a substitute has been were here, I should vote ' nay '' and he would vote ''yea.'' agreed to, and therefore it can not now be amended except by addition. The roll-call was concluded. · The PRESIDING OFFICER. Is a point of order made against the :Mr. BOWE.i~. The Senator from Florida [l\Ir. JONES] having re­ amendment? turned, I vote ''nay.'' Mr. CONGER. It now reads "and place him on the retired-list of The result was announced-yea 36, nays 25; as follows: the Army as of that grade.'' My proposition is ''an additional retired­ YEA'S-36. list being hereby provided for that purpose." Bayard, Garland, Jones of Florida, Riddleberger, M.r. SEWELL. I make the point of order that the amendment can Brown, Gib on, Jones of Nevada, Sabin, Butler, Gorman, Lamar, SaulsbW"y, not be amended now, it having been adopted by the Senate. Call, Groome, McPherson, Sewell, The PRESIDING OFFICER. The Chair holds that the amendment Cockrell, Hampton, Maxey, Slater, reported by the Committee of the Whole to the Senate as a substitute Coke, Harris, .l\Iorgan, Vance,- Colquitt, Hoar, Pendleton, Voorhees, having been..adopted by the Senate is not now the subject of amendment. Fair Jaekson, Pike, Walker, Mr. EDMUNDS. Except b.Y addition. Farley, Jonas, Pugh, Williams. The PRESIDING OFFICER. Except by addition. NAYs-~. Mr. CONGER. Theobjectofmyamendmentwasthatwemight not Aldrich, Dolph, Logan, Platt, bring disgrace upon the honorable retired-list of the Army, but make a Allison, Edmunds, 1\Icl\Iillan, Sherman, Blair, Frye, :\.Ia.nderson, VanWyck, separate one for this class of cases. Bowen, Harri on, l.\Iiller of Cal., Wil on . .Mr. RIDDLEBERGER. Mr. President, if I knew nothing more Conger, Hawley, 1.\litchell, about this matter than what I have beard on this :floor, I should pos­ Cullom, Hill, Morrill, sibly feel with 'the Senator from .Michigan [Mr. COXGER]. Dawes, Ingalls, Palmer, ABSENT-15. I do not deem it necessa ~ry to make any apology for the vote I shall Anthony, Cameron of Wis., Lapham, Ransom, ca t. I was one of those who participated in what is known in one ec­ Beck, George, Mahone Sawyer, tionof this country as the second battle of Manassas. I went through it Camden, Hale, . l\Iiller of N.Y., Vest. all. I do know that on w bat is called in the history of the war and best Cameron of Pa., Kenna, Plumb, known as "the railroad fight," the troops of Fitz-Jobn Porter were So the bill was passed. on one side of that railroad and the troops of him whom we yet call Ur. HAWLEY. I move that the Senate proceed to the consideration Stonewall Jack on were on the other. I do know that in that fiaht of executive busine. . . there were times when less than ten pace marked the distance between The motion was agreed to. the banners of one army and the banners of the other. I do know, sir, The PRESIDING OFFICER. The doors will be closed and the gal­ that men who were shot on one side of that railroad rolled down it'3 lerie cleared. banks on that side and men who were shot on the other side rolled BILLS L'\TRODUCED. down its banks on that. I do know, sir, a I say, that Fitz-Jobn Por­ }.lr. J ACKSON. While the doors are being closed I desire leave to ter's troops fought on one side and Stonewall Jackson's on the other. introduc-e a bill. 1866 CONGRESSIONAL RECORD-SENATE. MARCH 13,

The PRESIDING OFFICER. If there be no objection the Chair will while the doors are being closed. The Chair now directs the full exe­ receive the bill. cution of the order. Mr. JACKSON introduced a bill (S. 1839) for the erection of a pub­ Tlle Senate proceeded to the consideration of executi'\e business, and lic building at Chattanooga, Tenn.; which was read twice by its title, after two minutes spent therein the doors were reopened. and referred to the Committee on Public Buildings and Grounds. The PRE IDING OFFICER The doors are now open. Ur. COCKRELL introduced a bill (S. 1840) granting a pension to S. ~fr. CONGER. I do not see the doors open. A. Riggs; which was read twice by its title, and referred to the Com­ The PRESIDING OFFICER. The Chair is informed that they are mittee on Pensions. . open. PETITIONS AND :MEMORIALS. 1\:Ir. ED~fUNDS . Let the preamble of the pending bill be read. Mr. HOAR. While the doors are being closed I ask leave to present The PRESIDING OFFICER. The Senator from New Jersey [1\fr. a petition. SEWELL] moves that the preamble be agreed to and the Senator from The PRESIDING OFFICER. The- Chair will receive it, unless ob­ Vermont [Mr. ED:\IUNDS] asks that the preamble be read. jection be made. l\fr. CO~GER. Mr. President, I rise to a poirlt of order. Mr. HOAR presented the petition of John Fletcher, stepfather of The PRESIDING OFFICER. The Senator from Michigan will Michael Fletcher, late private Company I, Twent-y-second Regiment state hi8 point of order. Massachusetts Volunteers, praying to be granted a pension; which was Ir. CONGER. At the point where we are now ·with this bill again referred to the Committee on Pensions. brought to the consideration of the Senate what i our condition? WITHDRAWAL OF PAPERS. The galleries were crowded with people when it was u.nder considera­ tion before, the reporters were here, the public were present before the On motio1_1 of Mr. HAMPTON, it was Senate; but just at the time when you were approaching the most ob­ Ordered, That the pension papers relating to Tenedore TenEyck be withdrawn jectionable part of it, and as to the disposition of which the public de­ from the files of the Senate to be returned to the Pension Bureau. sired to be informed, and which some Senators desired to speak upon in On motion of Mr. HARRIS, it was the presence of that public, there was a motion to go into executh-eses­ Ordered, That the attorney for Perez Dickerson be permitted to withdraw the sion, and the American people were put ignominiously out of this papers in his case from the files of the Senate. Chamber lest they should bear what should be. said on tills subject. FITz-JOHN PORTER. The reporters are here now. The reporters will take down and make ThePRESIDINGOFFICER. TheChair, whilehavingtheFitz-John statement of tills fact that the doors were closed and the pn blic driven Porter bill in hand, knew nothing about the preamble, and no question from this Hall before the consideration of the preamble was entered upon. was put about the preamble. The bill contains· a preamble on which The PRESIDING OFFICER. Will the Senator from Michigan state the question has not yet been put. · his point of order? [Laughter. J Mr. CONGER. Then of course the bill is not disposed of. Let it l\Ir. CONGER. My point of order is that the doors leading into these come up in regular session where it belongs. Neither the preamble nor galleries are not yet opened and were not opened when I commenced the title has been acted on. my remarks, not one of them. Mr. SEWELL. I move that the doors be opened for the purpose of The PRESIDING OFFICER. The doors are all open. acting on the preamble. Mr. HARRIS. The galleries are filling up. Mr. CO~GER. I should like to have that come before the Senate l\Ir. CONGER. I have at least detained the Senate long enough to another day. I think the notoriety given will be useful to the country. have the doors opened. The PRESIDING OFFICER. The Senator from New Jersey moves The PRESIDING OFFICER. The preamble will be read. that the doors be now opened. The Cillef Clerk read as follows: ~fr. MILLER, of New York. I move that the Senate adjourn. Whereas the board of Army officers convened by the President of the United The PRESIDING OFFICER. The Senator from New York moves States by special orders numbered 78, headquarters of the Army, April12, 1878, to examine into and r eport upon the case of Fitz....John Porter, late a major-gen­ that the Senate do now adjourn. eral of the United States volunteers and a b1·evet brigadier-general and colonel Ur. CONGER. I call for the yeas and nays. of the Army, having by their report of March 19,1 '<9, stated that, in their opin­ The yeas and nays were ordered; and being taken, resulted-yea 19, ion, "justice required at his (th e President's) hands such action as may be nec­ essary to annul and set a side the findings and entence of the court-martial in nays 37; as follows: theca e of .lllaj. Gen. Fitz-.John Porter, and to restore him to the positions of YEAB-19. which the sentence deprived him, such restoration to take effect from the date Allison, Cullom, Ingalls, Morrill, of dismis al from the service;" and Blair, Dawes. l\lc lilian, Platt, Whereas the President, on the 4th day of lay, 1882, remitted so much of the Bowen, Edmund, l\Iiller of Cal., Plumb, entence of said court-martial remaining unexecuted as "forever disqualified Cameron of Wis., Frye, Miller of N.Y., VanWyck. the said Fitz...John Porter from holding any office of trust or profit under the Conger, Hill, l\litchell, Government of the United States: " Therefore, that justice may be done the said NAYB-37. Fitz...John Porter, and to carry int-o effect the recommendation of said board-. Bayard, Garland, Jonas, Sabin, The PRESIDING OFFICER. The question is on agreeing to the Beck, Gibson, Lamar, Saulsbury, preamble. Brown, Gorman, :McPherson, Sewell, Butler, Groome. 11Ianderson, Sherman. Mr. SEWELL. This preamble is the preamble passed by the Senate Call, Hampton, Maxey, Vance, last year. I' Cockrell, Harris, 1\Iorga.n, Voorhees, Mr. CONGER called for the yeas and nays, and they were ordered. Coke, Harrison, Pendleton, Williams. Colquitt, Hawley, Pike, Mr. HAWLEY. I suppose there is no use in making any appeal, .but Fair, Hoar, Pugh, I should be very glad if the majority would excuse us from the pream­ Farley, Jackson, Riddleberger, ble, confine the bill to reappointing General Porter, and not compel us ABSENT-20. to vote to annul the judgment of a court-martial, as lawful a court as Aldrich, George, Lapham, SawYer, the Supreme Court of the United States. That is all my speech. Anthony, Hale, Logan, Slater, Camden, .Jones of Florid!!., Mahone, Vest, Ir. CO~GER. I desire to say that this preamble was prepared for Cameron of Pa., .Jones of Nevada, Palmer, Walker, another bill and makes recitations which are not at all applicable to Dolph, Kenna, Ransom, Wilson. the bill which ha been passed as amended. Now, sir, it is disgrace So the Senate refused to adjourn. enough to have been a member of the body which passed the bill, if The PRESIDING OFFICER. The Senator from New Jersey [.Ur. that be any disgrace, or honor enough if that be any honor; but to be SEWELL] moves that the preamble be agreed to. compelled to see adopted a preamble of this kind should not be imposed 1\fr. EDMUNDS. What has become of the order of the Senate to on gentlemen who desire to be excusedfrom the responsibility of pass­ proceed to the consideration of executive business? ing the bill or adopting the preamble. The PRESIDING OFFICER. It has not yet been reported to the The PRESIDING OFFICER. The yea and nayshavebeenordered Chair that the doors were closed. on the adoption of the preamble. Mr. INGALLS. The Senate ordered the doors to be closed. The Secretary proceeded to call the roll. Mr. EDMUNDS. The Senate agreed that it would proceed to the Mr. BECK (when his name was called). I am paired with the Sen­ consideration of executive business. Every door is closed. That was ator from Maine [Mr. HALE]. the order. True some routine business was received before the order 1\Ir. CA1'l1ERON, of Wisconsin (when his name was called). I was was executed; but before a motion to open the doors can be made the paired with the Senator from West Virginia [Mr. KENNA]~ but I have order must be executed. transferred that pair to the Senator from Illinois [Mr. LOGAN], who is · The PRESIDING OFFICER. The motion to open the doors has absent from the Chamber for the time, and I \Ote ''nay." not been considered and is not being entertained by the Chair. The Mr. FARLEY. The Senator from Illinoi i paired. motion to adjourn of course the Chair was compelled to entertain. The Mr. V A...~CE. The Senator fmm Illinoi is paired with my colleague doorkeeper has not yet notified the Chair that the doors are closed. [1\Ir. RANS021]. Ir. EDJ\IU~DS. The Chair ~n entertain no motion and lay no l\Ir. CAMERON, of Wi cousin. I transf~:: r my pair anyhow. business before the Senate until the order to close the doors is executed. Ir. LAMAR (when l\Ir. GEORGE's name was caJled). On this ques­ J\Ir. SEWELL. I move that the doors be declared open. tion the Senator from Wisconsin [:1\'Ir. CAM KRON] is paired with my Mr. EDMUNDS. You can not make such a motion now until the colleague [:Mr. GEORGE]. . order is execured. l\lr. HILL (when his name was called). I am paired on this q uestio.J' The PRESIDING OFFICER. It has been usual to receive business with the Senator from Arkansas [~fr. WALKER]. 1884. OONGRESSIONAL REOOR.D- HOUSE. 1867

Mr. MILLER, of New York, (when his name was called). I am LEAVE TO PRI~T. paired with the Senator from West Virginia [Mr. CAMDEN]. I should By unanimou consent, leave wa granted to 11fT. KLEINER to print like to transfer my pair to some other Republican that is absent, as I some remarks and statistics on the bill to pension soldiers of the Mexi­ desire very much to vote against the preamble. can war. [See Appendix.] Mr. VANCE (when Mr. RANSOM's name was called). I desire to CORRECTION OF A REFERENCE. say, in justice to my colleague [Mr. RANSOM], that! understand he had a general pair with the Senator from Illinois [Mr. LOGAN], and that The SPEAKER. The Chair wishes to correct a reference of a me­ impression was confirmed by the Senator from Illinois himself; but morial made on the 11th instant, for relief in connection with the whether there was any exception of this case I am not able to say. floods in the Arkansas River, pre ented by the gentleman fromArkan­ The roll-call was concluded. sas{M:r. BRECKINRIDGE]. This was improperly referred to the Com­ Mr. MILLER, of New York. Has the Senator from Rhode Island mittee on Appropriations. It should have been referred to the Com­ [Mr. ALDRICH] •oted or has a pair been announced for him? mittee on Rivers and Harbors. The PRE IDIN G OFFICER. The Chair is informed that he did not If there be no objection, the change of reference will be made. vote and no pair has been announced for him. There was no objection, and it was ordered accordingly. Mr. MILLER of New YoTk. I take the liberty, then, of transfer­ AUTHORITY OF SUBCOIDIITTEES TO AD:\HNISTER OATHS. ring my pair with the Senator from West Virginia [Mr. CAMDEN] to the Mr. HAMMOND. Mr. Speaker, I ask unanimous consent to dis­ Senator from Rhode Island [ fr. ALDRICH], and I vote "nay." charge the House Calendar from the further consideration of the bill lli. CAMERON, of Wisconsin. My colleague [Mr. SAWYER] and I (H. R. 4411) to amend ection 101 of the Revised Statutes of the United haYe got into some confusion about our pairs. He is paired with the States so as to allow the chairman of a subcommittee of a committee Senator from West Virginia [Mr. KENNA]. I was originally paired of either House of Congress to administer oaths and put the same upon with the Senator from 1\Iis issippi [Mr. GEORGE]. I have transferred its passage. th::tt pair to the Senator from Tilinois [ 1r. LOGAN], so that the Senator The SPEAKER. The bill will be read, subject to objection. from illinois and the Senator from Mississippi are paired on this vote. The bill was read. It is as follows: l\1r. DOLPH (after having voted in the negative). My colleague Be it enacted, &c., That section 101 of the Revised Statutes of the United State [ 1r. LATER] wa absent when I voted. I am paired with him on be amended by adding, after the word" Congres ,"the words" or of any sub­ all political questions: As the other side of the House are voting as com:rnittee of any committee of either House of Congress;" so that the section will read: an entirety for the preamble, I withdraw my vote. SEC. 101. The Pre ident of the Senate, the Speaker of the House of Represent­ The result was announced-yea 33, nay~ 22; as follows: atives, or a chairman of a Committee of the 'Vhole, or any committee of either House of Congress, or of any subcommittee of any committee of either House YEAs-33. of Congress, is empowered to administer oaths to witnesses in any case under Bayard, Garland, Jones of Florida, Sabin, their examination. Brown, Gib on, Lamru: Saulsbury, Butler, Gorman, McPhe~on, Sewell, Mr. HA IMOND. This is the unanimous report of the Committee <:'all, Groome, 1\laxey, Vance, on the Judiciary. Cockrell, Hampton, Morgan, Voorhees, The SPEAKER. Is there objection to the present consideration of Coke, Harris, Pendleton, Williams. Colquitt, Hoar, Pike, the bill? Fair, Jackson, Pugh, There was no objection. Farl~y, Jonas, Riddleberger, The bill was ordered to be engro ed and read a third time; and being NAYB-22. engrossed, it was accordingly read the third time, and passed. Allison, Dawes, Ingalls, Palmer, 111r. HAMMOND moved to reconsider the vote by which the bill was Blair, Dolph, McMillan, Platt, Bowen, Edmunds, J\landerson, VanWyck, passed; and also mo,ed that the motion to reconsider be laid on the C