siderations connected with this; the appearance of Union troops in that valley was necessary to give encouragement to the loyal Tennesseeans, who had been suffering for a long time from the enemy's occupation of Cumberland Gap.

Question. Was there any reasonable doubt of the success of your movement against Cumberland Gap when General Morgan received those instructions?

I for one had none; not that I supposed we should take the Gap by assault from the south side, but I deemed that our appearance there would so embarrass the enemy, by cutting off his line of communication, that before many days we would have to capitulate or retreat by one of his flanks along by the train of one of the Cumberland Mountains.

Question. Which would have been the greater advantage, that which resulted from the occupation of Cumberland Gap by the capitulation or the forced withdrawal of the rebel garrison-which you have supposed probable-or the marching into that position and occupying it when there was no enemy there to oppose you?

Taking possession of the Gap after the capitulation of the enemy would have been the most advantageous.

Question. Do you not think then, that the circumstances which justified the departure from those instructions for a lesser advantage would have justified a similar departure for a greater?

I can only answer this question by stating that when discussing General Buell's dispatch at Rogers' Gap with General Morgan I was in favor of considering that General Buell did not know the difficult marching we had pursued for so many days on our way to attack the Gap, believing and trusting that General Buell would have approved of the conduct after our success.

Question. Can you give the date of these instructions, colonel, and state by whom they were signed?

I cannot, sir.

Question. Can you give the date approximately?

Approximately about the 10th of June; but there may be a difference of two or three days in the date.

Question. How soon after the receipt of those instructions did General Morgan assume the offensive against Cumberland Gap?

He had reconcentrated all his troops by the evening of the 17th of June, when we marched on the morning of the 18th, my brigade being the advance guard, and the cavalry of my advance entered the Gap about 2 o'clock p.m. the same day, the infantry about 6 o'clock.

Question. Do I understand you that the 17th was the date when the retrograde movement was suspended and the advance resumed?

Several days took place betwixt the suspension of the movement and the resumption of the advance.

Question. Can you state about how many days?

It was a very confused backward and forward movement. I could not state positively.

Question. Can you state the date of your recommendation of the resumption of the march?

I did not recommend the resumption of the march, and informed General Morgan that I had not obeyed his order, but had halted with my brigade and some artillery. I believe this took place about the 12th of June. It took place about forty-eight hours after the receipt of General Buell's order.

Question. We you ever informed that General Morgan was authorized to act on the offensive or not, at his own discretion, after the receipt of the instructions you have referred to?