New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-28

Mich. passing III detdchmenA ana Oi60rdcr faf anehs
of me at least half an honr before l followed will
his regiment The evidence thus far has disclose'
beyond csvil that during the time while was halt
I; " at the head Of my column and endeavoriDg u
pr serve an orderly retreat, the division com
mar der bad himself broken up my brigade and sen
the rgest portion OF 1t along the narrow road theI
ocrutA ed with other retreating infantry troops
caveiry., artillery and transportation wagons. hat
moi abs n doued my brigade up to that moment. j
uorb he more accurate to say four.hiths OF 1t, II
on,rouen,e of mistake and the precipitate and dis
orderly rcA-est Of other troops had, without my
knowledge. ln the darkness abandoned me. 1t wal
not until Jis covered that Gen. Butterfsd whose
bY;oads sbouia have followed mine was retiring
x.ithont b;s con ,mand, that gave the order e
he od Maine Regiment to move forward
Cen. Porter pssse.' me with Gen. Bntterfeld, and
Tins IL diecIoaed that four-ths OF my regiments had
preceded him md me toward Ilarrison's Landing al
ieart hall an hour before. Remember that Gen
Por.er' who states that he passed slowly forward
did moi oyertake or discover those regiments thai
n;oht- Uis attention aud that Of bis a. a. g.,
Locke were both called TO this point, and both con-
cur that they did not discover them, and thus cor
roborate the testimony OF Gen. Morei that tnoy
were NOT nj Malvern Hill with me and the I'd Maine
when he left. Where Uele theyl Iiurrying toward
Harrsons Landing, and overtaken, ~ least DIS
covered, in the throng. Neither by Gen. Moen, who
LEFT me after came forward TO the hospital ground,
nor by Lieut.-Col. Locks, who reached Harrison
Landing in my company. had parted from zen.
Morell with hls knowledge and acquicsence to 90
back to the Hospital to lo,k for my son, who was
sick | confidently submit that when re-
turned from the Hospital there was no place
whittier could properly g. except toward barri.
sons Landing. Whether the ~ Name nad pn'sed
along or not, il impossib e Tor me 10 krow, ana
even had been informed that they were ye, oehihd'
my proper place was at the renseayous whitnsT Cen
Aloroll had preceded me, where slS1e Lao reason
to look for fouF-iiiths Of my command, aud wheIe
aoDe ney could be cchsCted ana Tefogmed out 81 the
disorder and rout which that night chsracterzsd the
retreat OF iaiantry, csvairyI ariiiery ana s7slr-
nertation WAGONS n confused Isass slong siLgle
road. Ii is not tire that abandoned my brigade.
isnos true that preceded II By several hours III
the re. reat TO Harrisons landing. twas five hoirs
az near as can bc asccrtaIsed from the testimony ~
psssng over the road, reaching the lSh Mass IA .
o'clock, and it does ns5 appear, ana u iD-
probable, that either Of my reeinerts was bebra
me On my arrival IS llarris0as Landing
exoep, the "a Maine CciSDels Nhlt,lessy, OF The
let Michigan, and Bouchton, OF the Is New YORK,
had both located part % ,hciE regmeD.,wiIhln one
inis vi UaIrisons Landing, when the rein began 70
fail Ile sun rose curly ~ - ocloch on the "a
of july, aud the rain bsgaD 20 fail esry IN the
,noroing. / lorbear much Comment on tie ALLEGED
,nrprise If Gen. Porter when { overtook' hun that
nj ,ht ard bis INTENDED emission 10 express 10 me
that surprise ~ what he Supposed was al sbnudon-
racnt OF my command. Wac ne pay GeneT:N Why
not sneak 70 M on TIE hVbtet tutfc al AltH
WHY not DC 20 during the Mn, Days after tIgs time
that remained ia the fei' Why part RON NE
with expressions implying bat ny sickne,s was
oss 10 b.m AID 80 tie country when, All ih9w bite,
he was bearing N his brain, 81; IntentIonaly keep
ing IRON me, asurprise that Wa guilty o. a MIS-
delneanOr beio-e the ens9y by the aDnn-
donmeut Of my brigade / feel sargrised at lis
testimony that he intentionally relTainoc from
speaking TO on the subject on ne spot and
my children, Who must lie wH;pI 81 with ne n The
ame garb OF Disgrace if haFs moi'ed IL, ars saf-
ferng at tits moment because no did not speak out
h,s sarpr.se. a sentence wonld haze DIS oesd TO
him that he h-s occasion for surprise ar dis.Fus
general, my Brigade has besn broken up !, he
and bone OF my regiments are tehnf M,
sxcep, the I'd Maine, which You passed as was
hating at the loot Of Malvern lil" That cent slcc
il a declaration Of the truth, as proved bporc Ibis
court. lie might have obtained bat iufoTu alton by
asking for It On ths spot, and would hi.y been
pared the torture inflicted by beng on til i before
Gu and the country s. this moment, and g upellod
% nex Suoct oailOn intended 10 present ID as for
.lking, Ike coward, my post and ny ibrgste.
taks leave now Of the second fneciiicat!o =. The
Court viii bear witness that have not sstatec
The faos hs they axe ciaclosed IA Tho tee iiuOuy.
heso facts will assist us ia the tr4Iaustioti OF the
rst noecihcaiilr while they eXctirete \ u om the
~ lehnsd IN tie seccnd. Tho show
that the wlthdTa val that night from Naive ~ Iill
10 iiaIhson's Landing was not the retiGensn o.
army, but "A confdsed, d-oTieTy elfeat.
leaving dCad tht Ny3Adtu men 10 lie enemy tuat
Il WAS a rout most d1priting and deporallil x, and
,ul Of peril P-aing aside, Tor moment, th truo
syplarat Of my remarks that night, | ilubmu
" hethcr a subordinate Ocer may net Tr0pose TO be
superior The e1pcdiency OF surrender Guin8 Dis
Droegly retreat, ~ nl0meut OF canl 81, giihnnt III
rurrug the gui al misbehayiOr IN tho presiuce Of
he enemy-uay without mourning the impHation
If ndIscrelIOn, especially If he does nothing
toward carrying AIs proposal into effect, ana
does not even influence or attempt to
influence tho Judgment Of his hea-e-sl The fifty
.ec9pd article 81 wGr under which Tho charge Is
rraaled dcnounoes miisbehaylor before the enemy, |
and sqecihes particularly Mat which consists III ran
NM awav or BIametully abandoning any fort, post,
" guard, which tbs delinquent may rs commanded
e defend, "or speaking words inducing others 70 !
h, She Ike" Again, | submit, dOoB All inquiry by |
,ne officer 10 others during retreat, SHALL We gave
,trf Ives up or 20 On T. without any overt act or
sTgra.iOn tc induce surrender Will On, any halt OF
movement tsndOg 10 enrrender-dOes tlat angle
question, standing alone, constitute miooei.'ipr be-
.ore the enemy Tie hity-soaond article Of war
makes words inducing shameful abandonment OF |
for, &C., criminal. But If such act has no. been
indeed, nOr eingle step taken toward II, |
The express terms Of tho iliytecond article I
exclude the IDEA that imperative words,
which have no elect whatever, fall within IT. In
cons ruing the scope and meaning OF statute, the
expression Of the thing 70 which !; relates excludes
other things not specified. Ia GREAT peril, when,
for the moment "a least successful rcs siancs is I'M
possible ought u to be an O9nse IN an officer 70
ina ke such an inquiry7 Suppose he misjudges the
degree Of the peril and the rcsalt shows his error,
does srch question proposal through which he il
seeking Information, become "a crime Concencs.
humanity, the ages aud experience Of military men,
would a.! revolt at the Affirmation Of code OF mar
tial law 20 stern and cruel and yet the most mhov
olent ingenuity cannot dstcrt my language tina:
nigh. into mitbohayior str;ous than injury
or proposal thus. p.opoundsd Ny accnser had
eve-y means Of Information, and corl not fail ~
know, bad he inquired ths, the OilenGe which he
hap intended embrace in The iirst specification
Col Id only have that extent and more But while