I feel obliged, in justice, to report that when Brigadier -General Kelley received orders to turn over the command to me, he merely reported the order to me, and left immediately with his whole staff by the first train of cars,, and that I could not find a single record or report of the command, and the only means I had of ascertaining subsistence, ammunition, supplies, forage, &c., was by taking inventories of the same. I deem it my duty to report these matters to department headquarters, as I feel that Brigadier-General Kelley's neglect during a somewhat long command at Harper's Ferry to put the place in a condition for defense, and to have availed himself of the means in his hands for that purpose, was inexcusable, and might have brought disgrace on the service and inflicted a great injury on the campaign of 1863 ; and I am compelled to this course from the fact that for more than a week after I relieved Brigadier-General Kelley I felt that this disgrace and injury would be put to my charge, owing mainly to General Kelley's neglect of duty.

With great respect, your obedient servant,

Dan. Tyler,

Brigadier-General.

No. 381. Report of Colonel Benjamin F. Smith, One hundred and twenty-sixth Ohio Infantry, commanding Third Brigade, of attack upon Martinsburg.

Maryland Heights, June 27, 1863.

General: I have the honor to make the following report of the attack on Martinsburg, W. Va., on the 14th instant . The United States troops at Martinsburg consisted of eight companies of the One hundred and twenty-sixth Ohio Volunteers, Lieutenant Colonel William H. Harlan commanding ; eight companies of the One hundred and sixth New York Volunteers, Colonel E. C. James commanding Maulsby's Independent West Virginia Battery ; one company of cavalry, of the First Battalion Potomac Home Brigade, Maryland Volunteers, Captain Firey commanding a small detachment from the First New York Cavalry, and a few of the Thirteenth Pennsylvania Cavalry. It was expected some days before than an attack would be made on the place, and I had received orders to make preparations accordingly. All the stores at the depot were loaded on the cars, and sent to Baltimore and Harper's Ferry, in anticipation of an attack by an overwhelming force. Brigadier-General Tyler, with his staff . consisting of Captain Max Woodhull and Lieutenant E. L. Tyler had been directed by Major-General Schenck, commanding Eight Army Corps, to proceed to Martinsburg, and make sure that proper dispositions would be made according to circumstances. About 8 a. m. Sunday, June 14, my vedettes were driven in, and reported the enemy advancing by the Winchester turnpike in force. I immediately ordered the whole of my command to move in that direction, and take a position behind the stone fences between the Winchester and Charlestown roads, throwing out skirmishers and scouts in all directions, endeavoring to find out the strength and position of the enemy. My orders were to fall back on Haprer's Ferry, if attacked by a superior force either by the Williamsport or by the