show that I adopted the proper measures to bring about, in so far as possible, the same result as to the rest of my command.

It being undisputed that General Sykes, which his division, was immediately in rear of the division of General Morell, and that the division of General Sykes did, under my orders and lead, proceed in due time to the battle-field, I now cite the testimony of General Morell as to my action in the premises, immediately upon the receipt of the order in question, at 3.30 a.m. of the 30th, in respect to the remainder of my corps. The testimony of General Morell which I cite appears on page 584 [970] of the record, and is as follows:

Question. At what hour on the morning of the 30th of August did you withdraw from your position, and under what order? Please also state what took place at the time you withdrew.

Answer. A short time before daylight, on the morning of the 30th, I received a written order from General Porter - which I have with me - directing me to lose not a moment in withdrawing, and to come down the road toward him.

Question. Will you read the order, and state the time of its receipt?

Answer. There is indorsed the order in m handwriting, "Received a few minutes before daylight, August 30, 1862."

The order is as follows:

General MORELL:

Lose not a moment in withdrawing and coming down the road to me. The wagons which went up, send down at once, and have the road cleared; and men word when you have all in motion.

F. J. PORTER,

Major-General, Commanding.

Your command must follow Sykes'.-F. J. P.

Question. Do you recollect who delivered that order to you?

Answer. Captain Monteith, of General Porter's staff.

Question. State what took place in consequence of that order.

Answer. I immediately issued the order to the commandants of brigades and of the artillery to get ready to return, and to get them in motion as soon as possible. I think General Butterfield's brigade moved first, and then Colonel Barnes' brigade; General Griffin's was to bring up the rear.

This testimony of General Morell in wholly uncontradicted; and I submit that it is of itself a conclusive answer to the whole specification in which General Griffin's brigade is referred to. It is due, however, to that able and energetic officer that I should cite another passage of General Morell's testimony, which shows the honorable and responsible position assigned to him in this movement, and discloses the causes by which his brigade was so delayed as afterward accidentally to lose its way [970].

Question. Was the purpose of keeping Griffin's brigade back the anticipation of an attack on your rear while withdrawing?

Answer. Yes, sir; I supposed that we would be attacked. In the afternoon of the day previous, Colonel Marshall, who was in command in front, sent in a report that the enemy were passing down toward the railroad in the woods on our right. And I supposed that when the enemy discovered us at daylight in the morning they would be likely to attack us.

Question. Did General Butterfield's and Colonel Barnes' brigades get to their destination, or, rather did they take a different road from the one you took?

Answer. Yes, sir; so I afterward understood.

Question. How soon after discovering that you had taken the wrong direction did you proceed to join the command on the battle-field?

Answer. As soon as I discovered it; I went on myself almost immediately.

In reference to the delay of General Griffin's brigade, General Morell (as appears on page 589 [970] of the record) testifies as follows:

I heard firing of artillery, the first I had heard during the day; I ordered my horse and rode to General Griffin, and told him that I hard firing, and that we must move immediately. He spoke of his men being out of rations, which he said were being issued then, and that they were very much fatigued. I told him that I should go on without waiting for him, and that he must follow as soon as possible and do the best he could. I then went on with my staff, and when I reached the battle-field I met two brigades of my own division just coming out of action.