of propriety. In justice to you, I waived that question without hesitation; in justice to myself, I have to notice it.

In Major-General Hooker's report of the night engagement of Wauhatchie, we find the following paragraph:

I regret that my duty constrains me to except any portion of my command in my commendation of their courage and valor. The brigade dispatched to the relief of Geary, by orders delivered in person to its division commander, never reached him until long after the fight had ended. It is alleged that it lost its way, when it had a terrific infantry fire to guide it all the way, and also that it became involved in a swamp, where there was no swamp or other obstacle between it and Geary which should have delayed it a moment in marching to the relief of its imperiled companions.

By this paragraph I considered myself and my command deeply wronged. This censure had gone forth into the world, and I asked for a fair investigation of the charge, the result of which shall be as public as the charge itself. You are ordered, after having investigated the circumstances connected with the case, to give an opinion whether the strictures contained in the above paragraph in General Hooker's report were deserved by the conduct of myself or Colonel Hecker, or any part of my command, during the engagement of Wauhatchie. These strictures imply that a part of my command, directed to perform a certain task by orders delivered to me in person, rendered itself liable to be solemnly excepted in a commendation for courage and valor bestowed on other troops, or, in other words, to be stigmatized as lacking courage and valor. To show the injustice of the reflection, I shall recount the occurrences of that night strictly according to the evidence before you.

On the evening of the 28th of October, the two divisions of the Eleventh Corps encamped near Brown's Ferry. The command of General Geary lay at Wauhatchie. The troops had arrived not long before dark. The distance between the two encampments was about 3 miles, the country which separated them partly open, partly covered with woods and thickets, and here and there intersected by marshy water runs. The road from Wauhatchie to Brown's Ferry was muddy, but not impassable; the ground alongside of the road in places we an difficult of passage. The night was pleasant; the light of the full moon from time to time obscured by streaks of clouds.

After midnight we were aroused by the sound of musketry, heard in the direction of Geary's camp. The liveliness of the firing indicated an attack. The troops were called under arms; orders were brought to me by two of General Hooker's aides and by General Hooker himself. About the nature of these orders the testimony conflicts. General Hooker says he ordered me to double-quick my whole division to the relief of Geary. General Butterfield says the same, but he heard only the orders General Hooker gave two of his aides to transmit to me, one of whom was charged to communicated the same orders to General Howard.

The two aides referred to, Captain Hall and Lieutenant Oliver, testify that they delivered to me orders from General Hooker to throw forward the brigade nearest at hand. General Butterfield is therefore mistaken. One of my staff officers, who was present when General Hooker gave me his orders in person, states that I was ordered to throw forward my nearest brigade, Tyndale's, at once, and to follow up the movement with the rest of my command. This has the weight of the testimony in its favor, and it agrees with my recollec-