under arms. They turned out splendidly. The necessary orders, "answering the object and fitting the circumstances," were given. The column was put in motion, and General Schurz took his proper place at its head. He had reason to assume and act upon the assumption that his entire command was following him; if any of his brigades failed to do so they acted in disregard of orders, or were stopped by orders which were regarded as superior to those of General Schurz.

When General Schurz found that his command had not followed him, as he directed, it was undoubtedly his duty to ascertain the cause of the delay, and proceed at once to rectify the omission, unless, indeed, he had received information, on which he would be authorized to rely, that a portion of his command had been halted, or its destination changed by orders superior to his. In this case it appears, as heretofore stated, that when the Third Brigade had arrived about 150 yards from the cross-roads, Major Howard informed Colonel Hecker that he was authorized to halt at the cross-roads; or, in the more emphatic language of Colonel Hecker and his staff officers, who testified in this case, Major Howard ordered him to halt at the crossroads. Colonel Hecker properly acted in accordance with this order.

Major Howard accompanied Colonel Hecker to the cross-roads, saw him and General Hooker together, then immediately rode forward to General Schurz, and reported to him that Colonel Hecker's brigade had been halted at the cross-roads, and was under instructions from General Hooker. Soon after this, a staff officer from Colonel Krzyzanowski's brigade, rode up to General Schurz and reported to him that the Second Brigade had been ordered to Chattanooga, by General Hooker, and had gone. It is no fault of General Schurz that Major Howard was mistaken, both in the order he communicated to Colonel Hecker and in the statement he made to General Schurz, or that Colonel Krzyzanowski failed to advise him that the order to march to Chattanooga was countermanded immediately after it was given, and long before the staff officer sent to him could return to the brigade.

General Schurz had official information upon which, in the opinion of the Court, he was authorized to rely and act, that the Second and Third Brigade of his division had been detached from his command, and were acting under orders direct from General Hooker, which orders were in conflict with the orders issued by him. It is not denied that he was ordered to occupy the Tyndale Hill with Tyndale's brigade. If he did this, he had no troops with which to re-enforce General Geary. His orders were imperative. He occupied the hill and did not, for the reason stated, march to the relief of General Geary. This was what called forth the reprimand of General Hooker in the field, and gave rise to the reflections and strictures contained in his report.

In the opinion of the Court, General Schurz has fully explained his delay in going to the relief of Geary, and his apparent disobedience of orders in this regard, and fully justified his conduct in the premises, and consequently it follows that he has exonerated himself from the strictures contained in General Hooker's official report.

A. BUSCHBECK,

Colonel Twenty-seventh Pa. Volunteers, Comdg. Second Div.,

Eleventh Army Corps, Prest. of the Court.

WILLIAM H. LAMBERT,

Captain Thirty-third N. J. Volunteers, Recorder of the Court.