3 p.m., after which it was not again engaged with the enemy, exerting himself, to the best of his ability, to form, rally, and cheer his men, and that, when the regiment reached the position last named, he left, for the first time, to have his wound examined and dressed.

2nd. That on the several succeeding days of that week the said regiment was not actually engaged with the enemy, except slightly on the Friday afternoon; that during that period Colonel Wallace, having been relieved by Colonel Gibson from the command of the brigade, had taken command of the regiment, and the necessity for Major McClenahan's presence and services was not so great; that, accordingly, he was not continually present with the regiment after the 31st of December, 1862, until January 3, 1863, nor on duty with it, but went on duty on the date last mentioned, on the order of his brigade commander; and subsequently, upon a medical certificate and by order of the medical director, went to Nashville for treatment, and obtained leave of absence for twenty days on account of his wound.

Upon these facts the court is of the following opinion:

That there was nothing in the conduct of Major McClenahan, on the occasions referred to, that can be construed to support any charge of cowardice, disobedience of orders, or other misbehavior in the face of the enemy, but that he is censurable for not assuming the formal command of the regiment during the actual engagement on the 31st of December 1862.

II. The finding of the court is approved.

By command of Major-General Rosecrans:

C. GODDARD,

Assistant Adjutant-General.

No. 39. Report of Col. Joseph B. Dodge, Thirtieth Indiana Infantry, commanding Second Brigade.

HEADQUARTERS SECOND BRIGADE, SECOND DIVISION, In Camp near Murfreesborough, Tenn., January 8, 1863.

SIR: In compliance with your order of the 7th instant I have the honor to respectfully submit the following report of the operations of this command since the 26th of December last up to the evening of the 31st ultimo:

On the morning of December 26, last, this brigade left camp, near Nashville, under command of Brig. Gen. E. N. Kirk, and marched out on the Nolensville pike about 12 miles, where we encamped during the night. Although there was heavy skirmishing in our front and on each flank, we were in nowise engaged with the enemy during the day, as there was a heavy force of Federal troops in front of this brigade and between it and the enemy.

On the morning of the 27th we were ordered to resume the march, and on that day the brigade was in advance of our whole forces, with the exception of the cavalry, which was thrown out as skirmishers in advance.

About 1 mile from where we had bivouacked for the night the enemy made his appearance in considerable force, composed of cavalry and supported by artillery, all of which opened upon us, and he showed a disposition to contest the ground over which we wished to pass. The