in order that I might be untrammeled in the effort I was determined to make to extricate as many of the command as possible from the fort, to which object I devoted myself during the night of the 15th. So that I accomplished the fact of bringing off troops from the position, I thought little of the manner of doing so. All possibility of further fighting was over. Not another gun was to be fired; no personal risk was to be incurred; certain and absolute freedom from all personal danger was to be incurred; certain and absolute freedom from all personal danger was secured to those who surrendered; further danger, conflict, and toil could befall those only who should attempt to escape and those I chose to lead.

Nothing was to be done by those who remained but to hoist the white flag and to surrender. This I would not do, for the "measure" of surrender had not been thought of by myself or any officer present in the council as one proper for the "entire army." I suppose it to be an unquestionable principle of military action that in case of disaster it is better to save a part of a command than ot lose the whole. The alternative proposition which I adopted in preference ot surrendering the "entire army" was to make my way out of the beleaguered camp with such men as were still able to make another struggle, if it could be accomplished; and, if it could not be, then to take any consequences that did not involve a surrender.

CHARGE 5.-Upon what principle a selection was made of particular troops, being certain regiments of the senior general's brigade, to whose use all the transportation on hand was appropriated.

The answer to this charge leads directly to that of the fourth, and I therefore respond first to this. I presume it is well established that a senior general can select any troops under his command for any service or purpose or plan he may choose to execute; and if the means were offered of extricating only a portion of men from a general surrender, I presume the selection of this portion would rest with him rather than with any other person or persons. This would be a sufficient answer to the charge in question, if I close to rely upon it, which I do not. My real answer I will give fully. It is untrue that "all the transportation on hand was appropriated to certain regiments of the senior general's on hand was appropriated to certain regiments of the senior general's brigade." It is untrue that a selection was made of "particular troops." I am sure that quite as many men belonging to other brigades were provided with "means of escape" "by the transportation on hand" as were of the senior general's brigade.

Late at night it was ascertained that two steamboats would probably reach the landing before daylight. Then I determined to let Colonel Forrest's cavalry proceed on their march by the river road, which was impassable for anything but cavalry, on account of the backwater and overflow, while I would remain behind and endeavor to get away as many men as possible by the boats. The boats came a short time before daylight, when I hastened to the river and began to ferry the men over to the opposite shore as rapidly as possible.

The men were taken on indiscriminately as they came to the boats; but, in the first instance, more of the "senior general's brigade" were present than of other troops, from this circumstance, namely, that when I determined no to surrender, I caused my brigade to be drawn up in line and to await my final preparation for a forward movement. This was promptly done, and as they were nearest the left flank, where the fight would first begin, so likewise were they nearest to the river landing. From this circumstance it happened that the troops from my immediate command were among the first to enter the boats; but all the men from all portions of the army who were present and could be gotten on board were taken indiscriminately, as far as I had any knowledge. No man of the army was excluded to make room for my brigade. On the con-