No. 2. Record of the McDowell Court of Inquiry. Proceedings of a Court of Inquiry convened in the city of Washington, D. C., on the 21st day of November, 1862, by virtue of the following order: SPECIAL ORDERS, No. 350. HEADQUARTERS OF THE ARMY, III. The Court of Inquiry ordered to assemble the 27th ultimo by Special Orders, 313, Headquarters of the Army, October 25, 1862, is hereby dissolved, and at the request of Major-General McDowell, U. S. Volunteers, a Court of Inquiry will assemble in this city at 11 o'clock a. m. on the 21st instant to inquire into certain charges against him. Detail for the court.-Maj. Gen. George Cadwalader, U. S. Volunteers; Brig. Gen. John H. Martindale, U. S. Volunteers; Brig. Gen. James H. Van Alen, U. S. Volunteers; Lieut. Col. Louis H. Pelouze, assistant adjutant-general, recorder of the court. By command of Major-General Halleck : E. D. TOWNSEND, Assistant Adjutant-General. FIRST DAY. JUDGE-ADVOCATE-GENERAL'S OFFICE, The court met pursuant to the foregoing order. Present, Maj. Gen. George Cadwalader, U. S. Volunteers; Brig. Gen. John H. Martindale, U. S. Volunteers; Brig. Gen. James H. Van Alen, U. S. Volunteers. The presiding officer informed the court that Lieut. Col. Louis H. Pelouze, the recorder of the court, would not arrive in the city until tomorrow, the 22d instant, he having received a dispatch to that effect. Also, that he had communicated to Major General McDowell that his presence in court to day would not be required, by reason of the absence of the recorder of the court. The court adjourned to meet to-morrow, the 22d November, 1862, at 11 o'clock a. m. GEO. CADWALADER, Major-General, President of the Court. SECOND DAY. COURT-ROOM, 467 SOUTH FOURTEENTH STREET, The court met pursuant [to] adjournment. Present, Maj. Gen. George Cadwalader, U. S. Volunteers; Brig. Gen. John H. Martindale, U. S. Volunteers; Brig. Gen. James H. Van Ale)., U. S. Volunteers; Lieut. Col. Louis H. Pelouze, assistant adjutantgeneral, recorder of the court, and Major-General McDowell, U. S. Vol unteers. The order convening the court was read by the recorder. Major-General McDowell was informed that if there were no objections entertained to any member of the court the oath would be administered according to law. No objections were made. The court was then duly sworn by the recorder, and the recorder was duly sworn by the presiding officer of the court in the presence of Major-General McDowell. The charges referred to in the order convening the court not having been received, the recorder was instructed to address a communication to the Assistant Adjutant-General, Headquarters of the Army, stating that the court of inquiry instituted in Special Orders, No. 350, dated Headquarters of the Army, November 17, 1862, have organized, and to request that a copy of the charges referred to in said order bé furnished the court. The court adjourned to meet Monday, 24th November, 1862, at 11 o'clock a. m. L. H. PELOUZE, Lieutenant-Colonel and Assistant Adjutant-General, Recorder. THIRD DAY. COURT-ROOM, Washington, D. C., November 24, 1862-11 a. m. Thee court mt pursuant to adjournment. Present, Maj. Gen. George Cadwalader, U. S. Volunteers; Brig. Gen. John H. Martindale, U. S. Volunteers; Brig. Gen. James H. Van Alen, U. S. Volunteers; Lieut. Col. Louis H. Pelouze, assistant adjutantgeneral, recorder of the court, and Major-General McDowell, U. S. Volunteers. The proceedings of the preceding days were read by the recorder and approved by the court.t The recorder here stated that, in compliance with the instructions of the court, given at its last sitting, he addressed a communication to the Headquarters of the Army in words as follows: ASSISTANT ADJUTANT-GENERAL, COURT-ROOM, Washington, D. C., November 22, 1862-1.30 p. m. Headquarters of the Army, Washington, D. C.: I am instructed to communicate that the court of inquiry ordered to assemble in Special Orders, No. 350, dated Headquarters of the Army, Washington, November 17, 1862, have organized, and, further, to request that the court may be furnished with a copy of the charges referred to in said order. Very respectfully, your obedient servant, L. H. PELOUZE, Lieutenant-Colonel and Recorder Court of Inquiry. *The daily record henceforward is attested by the signature of Lieutenant-Colonel Pelouze. + So much of the daily journal as sets forth the meeting of the court, the names of members and others present, and the reading and approval of the previous record will be omitted. Exceptional entries on these subjects will be noted.” And that said communication was returned with the following indorsement thereon: HEADQUARTERS ARMY, The General-in-Chief is not aware that the Government has any charges against Major-General McDowell. The court was ordered at the request of General McDowell to investigate his conduct and any charges which should be produced. None have been filed at the Headquarters of the Army. Respectfully, J. C. KELTON, Assistant Adjutant-General. The communication, of which the foregoing is a copy, with the indorsement, is appended to the proceedings and marked A.* The court was cleared for discussion. The court was opened. Major-General McDowell here presented to the court a communication of which the following is a copy, the original being appended to the proceedings and marked B. Maj. Gen. GEORGE CADWALADER, WASHINGTON, November 24, 1862. President of the Court of Inquiry instituted in Special Orders, No. 350: GENERAL: It appearing from the indorsement on the recorder's letter of the Assistant Adjutant-General at the Headquarters of the Army that there are no charges against me in the possession of the Government, and that therefore the literal reading of the order convening the court, directing it to investigate "certain charges" against me, does not apply, I beg the court to obtain a copy of my letter to the President of September 6, 1862, asking for a court, and on which this court has been instituted; and, further, that the investigation in my case may be as therein requested. I have the honor to be, general, very respectfully, your obedient servant, The court is of the opinion that it is not the proper medium through which this communication should reach Headquarters, particularly as an application from the court for a copy of the charges referred to in the order convening the court has been returned indorsed "The Geueral-in-Chief is not aware that the Government has any charges against Major-General McDowell." Further, as the General-in-Chief has communicated that "the court was ordered at the request of General McDowell to investigate his conduct," the court decide that time be allowed Major-General McDowell to apply for an enlargement of the scope of investigation by the court so as to embrace the subject referred to in this communication. The court instructed the recorder to inform General McDowell of the action of the court on his communication, by furnishing an extract of the proceedings so far as related thereto. The court adjourned to meet to-morrow, 25th November, 1862, at 11 o'clock a. m. FOURTH DAY. COURT-ROOM, Washington, D. C., November 25, 1862-11 a. m. Major-General McDowell read to the court a communication of which the following is a copy, and which is appended to the proceedings and marked C.* *Not reprinted in appendix. The ASSISTANT ADJUTANT-GENERAL, Headquarters of the Army: WASHINGTON, November 24, 1862. SIR: I inclose a copy of correspondence of this date with the court of inquiry iustituted in Special Orders, No. 350, current series, agreeably to the action taken by the court. I have the honor to request it may be furnished, with a copy of my letter of September 6, 1862, to His Excellency the President, asking for a court of inquiry; and that, instead of being directed to investigate "certain charges" against me, as the order now reads, the court be directed to make the investigation asked for in my letter above referred to, and be directed to report the facts and their opinion in the I have the honor to be, very respectfully, your most obedient servant, IRVIN MCDOWELL, case. Major-General. The recorder stated to the court that during last evening he received a communication from the Headquarters of the Army in words as follows: Lieut. Col. LOUIS H. PELOUZE, Recorder of the Court of Inquiry : HEADQUARTERS OF THE ARMY, The General-in-Chief having been informed that the court of inquiry convened to investigate charges against Major-General McDowell has adjourned owing to a statement from theso Headquarters that there were no charges against that officer, directs me to call your attention to General McDowell's letter asking for a court of inquiry, and to say that matter for investigation may be found therein. Very respectfully, your obedient servant, J. C. KELTON, Assistant Adjutant-General. P. S.-Since writing the foregoing your communication has been received, and the order by which the action of the court will be governed has been changed as suggested. A copy of the order will be furnished to the court from the Adjutant-General's Office. Respectfully, J. C. KELTON, Assistant Adjutant-General. The recorder stated that he had made no application to the Headquarters of the Army to which the P. S. to the foregoing letter refers, and that the P. S. evidently applies to the letter just read by General McDowell. The court expressed such to be its understanding. The letter with its P. S., of which the foregoing is a copy, is appended to the proceedings and marked D.* The recorder here read an official copy of General McDowell's letter to the President, which copy was inclosed in the communication from the Headquarters of the Army received by the recorder last evening: His Excellency the PRESIDENT : WASHINGTON, September 6, 1862. I have been informed by a Senator that he had seen a note, in pencil, written by a colonel of cavalry mortally wounded in the recent battle, stating, among other causes, that he was dying a victim "to McDowell's treachery," and that his last request was that this note might be shown to you. That the colonel believed this charge, and felt his last act on earth was a great public service, there can be, I think, no question. This solemn accusation from the grave of a gallant officer, who died for his country, is entitled to great consideration; and I feel called on to endeavor to meet it as well as so general a charge, from one now no longer able to support it, can be met. *Not reprinted in appendix. I therefore beg you to please canse a court to be instituted for its investigation; and, in the absence of any knowledge whatever as to the particular act or acts, time or place, or general conduct the deceased may have had in view, I have to ask that the inquiry be without limitation, and be upon any points and every subject which may in [any] way be supposed to have led to his belief. That it may be directed to my whole conduct as a general officer, either under another or whilst in a separate command, whether in matters of administration or command; to my correspondence with any of the enemy's commanders or with any one within the enemy's lines; to my conduct and the policy pursued by me toward the inhabitants of the country occupied by our troops with reference to themselves or their property; and, further, to any imputations of indirect treachery or disloyalty toward the nation or any individual having like myself an important trust. Whether I have or have not been faithful as a subordinate to those placed over me, giving them heartily and to the extent of my capacity all the support in my power. Whether I have or have not failed, through unworthy personal motives, to go to the aid of, or send re-enforcements to, my brother commanders. That this subject of my alleged treachery or disloyalty may be fully inquired into I beg that all officers, soldiers, or civilians who know, or who think they know, of any act of mine liable to the charge in question be allowed and invited to make it known to the court. I also beg that the proceedings of the court may be open and free to the press from day to day. I have the honor to be, very respectfully, your most obedient servant, Major-General, Commanding Third Army Corps, Army of Virginia. Official copy HEADQUARTERS ARMY, Washington, November 24, 1862. J. C. KELTON, Assistant Adjutant-General. The official copy of the foregoing letter of General McDowell to the President is appended to the proceedings, marked E.* The recorder then read to the court Special Orders, No. 362, current series, from the Headquarters of the Army, as follows: SPECIAL ORDERS, HDQRS. OF THE ARMY, ADJUTANT GENERAL'S OFFICE, I. The Court of Inquiry instituted in Special Orders, No. 350, of November 17, 1862, from the Headquarters of the Army, will make the investigation asked for by MajorGeneral McDowell, U. S. Volunteers, in his letter to the President, dated September 6, 1862, and will report the facts and an opinion in the case. The court was cleared for discussion. The court was opened and the following decision respecting a proposition for deciding a course of investigation was announced: 1. That General McDowell be informed that the court invite and will receive any plan of investigation which he is prepared to submit in writing to be considered by the court. 2. That the members of the court individually digest for consideration their several plans of investigation. General McDowell informed the court that by to-morrow he would prepare the plan of investigation, as invited. The court adjourned to meet to-morrow, November 26, 1862, at 11 o'clock, a. m. *Not reprinted in appendix. |