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It is alleged that it lost its way, when it had a terrific infantry fire to guide it all the way; and also, that it became involved in a swamp, where there was no swamp or other obstacle between it and Geary, which should have delayed it a moment in marching to the relief of its imperiled companions.”

By this paragraph I considered myself and my command deeply wronged. This censure has gone forth to the world, and I asked for a fair investigation of the charge, the result of which shall be as public as the charge itself. You are ordered, after having investigated the circumstances connected with the case, to give an opinion, as to whether the strictures contained in the above paragraph in Gen. Hooker’s report, were deserved, by the conduct of myself or Col. Hecker, or any part of my command during the engagement of Waubatchie. These strictures imply, that a part of my command, directed to perform a certain task, by orders delivered to me in person, rendered itself liable to be solemnly excepted in a commendation for courage and valor bestowed on other troops, or, in other words, to be stigmatized as lacking courage and valor. To show the injustice of tho reflection, I shall recount the occurences of that night strictly according to the evidence before you.

On the evening of the 28th of October, the two Divisions of the 11th Corps encamped near Brown's Ferry; the command of Genl. Geary lay at Wauhatchie. The troops had arrived not long before dark. The distance between the two encampments was about three (3) miles; the country which separated them partly open, partly covered with woods and thickets, and here and there intersected by marshy water-runs. The road from Wauhatchie to Brown’s Ferry was muddy, but not impassable; the ground alongside of the road, in places wet and difficult of passage. The night was pleasant—the light of the full moon, from time to time, obscured by streaks of clouds.

After midnight we were aroused by the sound of musketry heard in the direction of Geary’s camp. The liveliness of the firing indicated an attack. The troops were called under arms. Orders were brought to me by two of Genl. Hooker's Aides, and by Genl. Hooker himself. About the nature of these orders the testimony conflicts. Genl. Hooker says, he ordered me to double-quick my whole Division to the relief of Geary; Genl. Butterfield says the same, but he heard only the orders Genl. Hooker gave two of his Aides to transmit to me, one of whom was charged to communicate the same orders to Genl. Howard. The two Aides referred to, Capt. Hall and Lieut. Oliver, testify, that they delivered to me orders from Genl. Hooker to throw forward the Brigade nearest at hand.