The case then as claimed by the Government is this: General Buell, in command of a largely superior force of veteran of veteran soldiers, well disciplined and equipped, was forced to fall back in long, rapid marches, under great privations, suffering shameful disasters, and with every mark of defeat, its advance on Battle Creek, in tennessee, to its base of supplies on the Ohio River.

ARMY OF THE OHIO.

As to efficient force under Major-General, Buell at the time of the invasion I call the attention of the Commission to the testimony of Major Wright and Lieutenant-Colonel Darr, both of Major-General Buell's staff, and the returns found at headquarters in Nashville. From an examination of this evidence it will be found that of the Army of the Ohio General Buell had 47,500 men south of the Cumberland River at the time Bragg crossed the Tennessee. The returns and other evidence introduced by the Government make the force at least 10,000 men [more?]. But I prefer taking the testimony offered by the defense.

BRAGG'S FORCE.

Bragg crossed the Tennessee with about 30,000 men of all arms. For evidence of this fact I refer in the first place to the testimony of the spy Pratt. He was in the employ of General Buell, and had excellent opportunities of observation in the enemy's line. He informs us that Bragg had of infantry from 22,000 to 24,000. No attempt is made to impeach this man. On the contrary, General Buell in his cross-examination makes him his own witness, and the Commission will find that in his statement he is fully sustainment he is fully sustained by circumstances and the testimony of other witnesses. Colonel M. Shoemaker, a prisoner at the time, saw Bragg's forces cross the Cumberland on the 9th of September, and states that he had about 30,000 men. Colonel Wilder, the gallant commander at Munfordville, refused to surrender until he had seen the forces opposed to him, with liberty to report the number. He estimates Bragg's army at not over 36,000. Mr. G. R. Taylor, a Union citizen of Munfordville, who was within the enemy's lines, gives 30,000 as outside of Bragg's army. Mr. F. A. Smith learned from one of Bragg's staff at Munfordville that they had sixty regiments, confirming, what the spy Pratt had sworn to. I have called attention here to evidence of actual observation. The fact is known to the witnesses of their own knowledge and is free of doubt or speculation. It will be observed that witnesses are unknown to each other, widely separate, and yet concurs in the same statement. To this we may add the Forsyth letter, one of Bragg's staff, introduced by General Buell through the testimony of General Rousseau, that states the entire army in Kentucky, including of course Kirby Smith's, to be 40,000 men, and we may now add General Bragg's report of his operations in Tennessee and Kentucky, which gives his army that crossed as not exceeding 30,000.

Circumstantial evidence comes in to sustain this already well-established fact. General Bragg, after capturing Munfordville, a naturally strong position, which held by him, would have forced Buell to a fight at great odds or a surrender of Bowling Green and Nashville, suddenly evacuated and fell back to Bardstown. It will not do to say that this resulted from a lack of supplies. bragg's stores, collected by Kirby Smith, were at Bardstown, and available with their possession of the country at Munfordville. He retreated because he saw the approach