who will assume command. Order Minty to communicate with General Burnside until his cavalry closes down upon our left. Forward the accompanying dispatch to General Burnside at once.*

Very respectfully, your obedient servant,

J. A. GARFIELD,

Brigadier-General, Chief of Staff.

(Copy to Brigadier-General Hazen.)

HDQRS. SECOND BRIG., FIRST DIV., 21ST ARMY CORPS,
September 4, 1863.

Brigadier-General GARFIELD:

SIR: I have to-day been shown an order from department headquarters directing me to report for orders to General Hazen, which I will do, and will cheerfully carry out his orders. But holding as I do that I rank him, I am led to ask respectfully why this is so. I ranked him as colonel, and our commissions as brigadier-general are both the same date as I am informed (November 29, 1862). I respectfully ask by what rule rank is determined?

I am, sir, very respectfully, your obedient servant,

G. D. WAGNER,

Brigadier-General of Volunteers.

[First indorsement.]

HDQRS. FIRST DIVISION, TWENTY-FIRST ARMY CORPS,
Shellmound, September 5, 1863.

Respectfully forwarded for the action of the commanding general of the Army of the Cumberland.

There is no doubt of the correctness of General Wagner's position. He is undoubtedly the senior of General Hazen. Their present commissions being of the same date, their relative rank is determined by the date of former commissions, which is in favor of General Wagner. He ranked General Hazen as a colonel.

TH. J. WOOD,

Brigadier-General of Volunteers, Commanding.

[Second indorsement.]

HEADQUARTERS TWENTY-FIRST ARMY CORPS,
Shellmound, September 5, 1863.

Respectfully forwarded.

The position taken by Generals Wood and Wagner is, in my judgment, correct, if they are not mistaken as to the facts, and I think they are not.

T. L. CRITTENDEN,

Major-General, Commanding.

[Third indorsement.]

HEADQUARTERS DEPARTMENT OF THE CUMBERLAND,
Cave Spring, Ala., September 5, 1863.

Respectfully returned to General Wagner.

In issuing the order referred to, the general commanding supposed that General Hazen was the ranking officer. He has since learned

---------------

*See Rosecrans to Burnside, September 4, p. 357.

---------------

`