was duly sworn by the judge-advocate, and the judge-advocate was then sworn by the president of the Commission.*

The judge-advocate then stated that the matters which the Secretary of War desired to be submitted for the investigation of the Commission were the circumstances attending the late evacuation of Maryland Heights, under the command of Colonel Ford, and the subsequent surrender of Harper's Ferry by Colonel Miles, then in command, in reference to which the Secretary desired the Commission diligently to inquire and faithfully to report all the facts bearing, in their judgment, upon the conduct of said commanding officers, or their subordinates, in making said evacuation and surrender.

Whereupon the judge-advocate produced and read to the Commission the following papers, to wit:

The report of Major General John E. Wood, under date of September 27, 1862, addressed to Major General H. W. Halleck, General-in-Chief, U. S. Army, and the several papers therein referred to, from 1 to 10, inclusive, viz:+

1. Report of Brigadier General Julius White, of the occupation and subsequent evacuation of Martinsburg and retreat to Harper's Ferry, on the 12th September, 1862.++

2. Report of Brigadier General Julius White, of the defense of Harper's Ferry on the 13th and 14th of September, 1862, and the surrender on the 15th.++

3. Report of Lieutenant H. M. Binney, acting aide-de-camp to Colonel Miles, of the same defense and surrender.@

4. Report of Colonel Thomas H. Ford, of Thirty-second Ohio Volunteers, commanding Third Brigade, Maryland Heights, of the defense and evacuation of Maryland Heights.#

5. Report of Major H. B. McIlvaine, chief of artillery, of the part taken by the artillery during the siege of Harper's Ferry.//

6. Terms of capitulation at the surrender of Harper's Ferry, September 15, 1862.**

7. List of killed, wounded, and missing on the Union side during the siege of Harper's Ferry, September 13, 14, and 15, 1862.++

8. Abstract of General White's report (Numbers 2).++++

9. Abstract of Lieutenant Binney's report (Numbers 3).++++

10. Abstract of Colonel Ford's report (Numbers 4.).++++

He also read an appendix to the report of Brigadier General Julius White of the surrender of Harper's Ferry,@@ together with a report of Lieutenant Charles Graham Bacon, acting assistant adjutant-general, relative to the conduct of Colonel D'Utassy at Harper's Ferry. (Appendix, Numbers 1.)

Questions propounded by Adjutant-General Thomas to different colonels in relation to the surrender of Harper's Ferry, and their answers thereto, were also read by the judge-advocate. (Appendix, Numbers 2.)

Whereupon, at 2.45 o'clock, the Commission adjourned to meet again to-morrow, Wednesday, October 1, at 11 a. m.

* * * * * *

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*So much of the daily journal as sets forth the meeting of the Commission, the names of the members and others present, and the reading and approval of the previous record, will henceforward be omitted, unless there are exceptional entries on these subjects.

+See Report Numbers 196.

#See Report Numbers 200.

++See Report Numbers 202.

@@See p. 531.

++See Report Numbers 197.

//See Report Numbers 201.

@See Report Numbers 198.

**See p. 529.

++++Omitted in view of the publication of the entire report.

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