Page:Hooker Inquiry (Wauhatchie Engagement) - Schurz Argument - Page 05.jpg

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sent me through Captain Stinson could hardly come into consideration. General Howard had been with my column and left it not long before; he was probably not informed of what was going on in the rear. But above all, the order brought by General Hooker's aide was positive; General Hooker was highest in command on the field; this was his last order, and, according to all military rules, it is the last order that counts. I had no choice.

The testimony given by Lieut. Oliver, when first on the stand, is remarkable in one respect. While be expressed himself with an air not uncommon among young staff officers about other matters, how he ordered this, and ordered that, he seems to leave it somewhat in doubt whether the order to take and occupy the hill, was a suggestion of his own or an order of Genl. Hooker. If it had been a suggestion of his own, if he really had given an order without due authority from his chief, his conduct would be open to grave charges; for that he delivered it as positive order, is proved by another witness, who heard him deliver it. But to his justification it may be said, that his memory does not appear to be of the most faithful as to details. He saw and heard my whole advance brigade halt and fire, when the other witnesses heard only a few scattered shots. He heard of a line of battle in our front at Tyndale’s Hill, a thing which would have been so important, that every officer on the ground would have known or heard of it; but none of the other witnesses remember any such thing. His conversation with me as he reports it, must be taken with the same grain of allowance; it is only the substance of it which can be accepted as reliable.

But there are three things which leave no doubt as to the genuineness of this order, all three of which show that I acted correctly in obeying it, and two of which bear out Lieut. Oliver in giving it. The first is, that Lieut. Weigel, who heard Lieut. Oliver deliver it, testifies that it was delivered as a direct and positive order; the second is, that Genl. Hooker, in his report, in his letter, and and in his testimony, states, that the order was given by him and duly executed by me; and the third is, that Lieut. Oliver reported the fact immediately to Genl. Hooker, and Genl. Hooker received the report with silent approbation. Genl. Hooker is very clear and positive about this matter, and it is perhaps the only point about which his testimony is not in conflict with that of the other witnesses. No doubt is admissible.

Let me continue my account of the occurrences which now took place. Three regiments were sent up the acclivity and gained the crest with a loss of a few killed and wounded. Lieut. Oliver indeed heard but a few shots, hardly any. He heard perhaps not as many shots as we had men