FIFTH DAY.

COURT-ROOM,

Washington, D. C., November 26, 1862-11 a. m.

Major-General McDowell then read to the court the following, being a plan of investigation for the consideration of the court which he was invited by the court to prepare at its last sitting:

The original is appended to the proceedings and marked F.

WASHINGTON, November 26, 1862. With reference to the intimation that I should submit in writing for the considera. tion of the court "a plan of investigation," I beg to state as follows:

I was appointed a brigadier-general in the Army on the 14th of May, 1861, and a major-general of volunteers on the 14th of March, 1862.

Under the former commission I was placed in command of the troops on the right bank of the Potomac in the then Department of Northeastern Virginia, and retained that command, under Lieutenant-General Scott, until superseded by Major-General McClellan.

Soon after, the military departments of Washington and Northeastern Virginia being suppressed, I was given the command of a division in the Army of the Potomac, which I retained till promoted to that of the First Army Corps, Army of the Potomac. My next command was that of the Department of the Rappahannock, which was created on the 4th of April, 1862, and had for its limits Virginia between the Potomac and the Aquia, Fredericksburg and Richmond Railroad on the east and the Blue Ridge on the west, and so much of Maryland as is between the Patuxent and the Potomac, including the District of Columbia and the city of Washington. This command was exercised under the orders of the War Department and the President. It was retained till suppressed, together with the Mountain Department, commanded by Major-General Frémont, and the Department of the Shenandoah, commanded by Major-General Banks, and all the troops in each consolidated into the Army of Virginia, under Major-General Pope.

In this army I commanded the Third Army Corps up to the 6th of last September, when I was relieved to undergo this investigation.

The details of the disaster of the battle of Bull Run of July 21, 1861, where I commanded, having become fully known to the country, having been investigated by a joint committee of Congress, and I having since been appointed by the President and confirmed by the Senate a major-general, I have not thought it necessary to ask the court to take up that campaign, and for the further reason that it would tax heavily their time and extend their investigation into questions for which at this distance of time it would be difficult to bring together the necessary witnesses. If, however, the court wish, or should think it proper, I am ready to go also into that part of my military history. But, without seeking to limit the court or wishing to limit myself, if hereafter it should seem advisable to extend the investigation, I do not propose now to go further back than shall be necessary to bring before the court so much of my conduct as a general officer as has been under my commission as major-general. This to take in such events as had commenced before and were passing when that commission was conferred.

The question which stands forth prominently in this case, and which may be assumed as the charge to which all the other points can be regarded as specifications, is that of treason.

Knowing of no specific act, none having been charged, I have the difficult task of proving a negative. By direct proof this is of course impossible, and the only way I know of doing so is by such evidence as shall cause innocence to be inferred."

It was with this in view I wrote to the President the letter now before the court, and asked an investigation on such points as would, if the result of the investigation should prove favorable, leave no doubts to my prejudice.

In addition, therefore, to the question of my general conduct as an executive and administrative officer, I have asked inquiry to be made on those points I supposed may have had in the minds of others a direct bearing on the main question, as follows:

1st. An investigation of my correspondence with the enemy's commanders or with any one within the enemy's lines.

If the present limitation I have indicated be adopted, the only correspondence I am aware of was with the secession commander opposite Fredericksburg, which my chief of staff, Colonel Schriver, can produce.

If it is wished or should be wished to go back to my command of the Department

Not reprinted in appendix.

of Northeastern Virginia, there will be found some correspondence with the secession commander at Manassas, and which was forwarded at the time to the Headquarters of the Army.

I know of no correspondence with any one within the enemy's lines, unless it be with Mrs. Robert E. Lee and Mrs. Fitzhugh, who wrote from Ravenswood on some personal matters in June and July, 1861, and whose letters, with my replies, were forwarded at the time to the Headquarters of the Army, and are, I suppose, now in the War Department.

2d. An investigation of 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.

This matter has been severely commented upon throughout the country and in both Houses of Congress, and may possibly have had much to do with the charge of trea

son.

As to my conduct toward the inhabitants with reference to themselves, I wish to Brigadier-General offer my general orders concerning rape, robbery, and pillage, and Haupt, Colonel Schriver, those concerning the interference with the railroads and telegraph, Maj. J C. Willard. and the testimony of those officers mentioned in the margin.

Lieut. Col. F. Myers, as

As to my conduct toward the inhabitants with reference to their property, I wish Brigadier-General to offer my general orders and instructions concerning contributions Haupt, Colonel Schriver, and the taking of supplies-the form of certificate to be given for supsistant quartermaster; plies taken; and as to the particular cases of a Mr. Hoffman, whose Major Sanderson, com fences were ordered to be guarded, and that of the fences around the Maj. S. Breck, assistant wheat fields of Chatham, or the Lacy house, which had been deBarstow, Major Willard, stroyed and were ordered to be replaced, I wish the testimony of those mentioned in the margin.

missary of subsistence';

adjutant-general; Maj. S.

Captain Hodge.

3d. As to whether or not I have been faithful to those placed over me, &c.

For so much of my service as was under him, and particularly with reference to the events which immediately preceded the embarkation of the bulk of his army for the Peninsula, and the plans, so far as they may be necessary for the investigation, &c., which led to that campaign, I wish the testimony of Major-General McClellan, Governor Dennison, of Ohio; Brigadier-General Wadsworth, and Colonel Key, aide-de

camp.

For so much of my service as was under him, I wish the testimony of Major-General Pope, and of Brigadier-General Roberts, General Welch, commissary general New York; Colonel Morgan, aide-de-camp; Lieutenant-Colonel Smith, First Ohio Cavalry; Colonel Ruggles, assistant adjutant-general; Colonel Schriver, &c., and, if the court see fit to go back that far, that of Lieutenant-General Scott (by deposition, for I should dislike to trouble him with a disagreeable journey) for so much of my service as was under him.

4th. As to whether I have failed through any unworthy personal motives to go to the aid of, or send re-enforcements to, my brother commanders.

I wish inquiry made as to whether, whilst in command of the Department of the Rappahannock, I did or not, so far as my means and instructions permitted, operate so as to aid, or endeavor to aid, Major-General McClellan in his campaign on the Peninsula; whether or not I was active, zealous, and efficient in the discuarge of the duties of my command in preparing it for this object.

Whether or not I refused, neglected, or failed to go to him before Richmond when I had my forces at Fredericksburg; and, if so, why?

Whether or not at the last moment I left Fredericksburg for the valley of the Shenandoah to avoid coming under Major-General McClellan's command.

Whether or not, when the compaign in the Shenandoah Valley was considered as ended, I endeavored to take active measures to go to his aid before Brigadier-General Richmond. Wadsworth, Major TillMaine artillery;

Colonel Lyle, Ninetieth

On the foregoing I have mostly to offer the official correspondence Pennsylvania Volun between myself and His Excellency the President, the honorable Secteers: Colonel Biddle, retary of War, Major-General McClellan, and others, and the testimony of those mentioned in the margin.

Ninety-fifth New York.

I wish inquiry made as to whether, when ordered to co-operate with Major-General Frémont for the relief of Major-General Banks, I took active Brigadier Generals Ricketts and Harteuff measures to do so. and Haupt, Colonel Schriver.

On this I have to submit my official correspondence, and wish the evidence of those mentioned in the margin.

I wish inquiry made as to whether, in the late Army of Virginia, I at any time neglected or failed to go to the aid of, or send re-enforcements to, either Major-General Banks or Major-General Sigel, commanding the Second and First Army Corps, when it was my duty to do so, and particularly with reference to General Banks at the battle of Cedar Mountain and General Sigel at the battle of Groveton, or Manassas.

Major-Generale Pope and Sigel, Brigadier-General Ricketts, Colonel Buchanan, Major Tillson,

Captains Cutting, Krebe, and Jewett, Brig adier-General Roberts.

On this I have to submit official papers, and wish the evidence of those mentioned in the margin.

5th. Finally, I ask an investigation into the charge very generally made against me, and which affects seriously my character, to wit, that of drunkenness.

On this I wish the evidence of the following persons (those absent by deposition): Lieutenant General Scott, Major-Generals Hunter, Pope, Wool, Sumner, Heintzelman, Keyes, Franklin, Hooker, Schuyler Hamilton; Brig. Gens. Lorenzo Thomas, Andrew Porter, King, Ricketts, Wadsworth, Martindale, Barry, Butterfield, Hancock, French, Brannan, Wood, (T. J.,) Augur, Patrick, Hartsuff, Gibbon, Morris (William); Colonel Delafield, Engineers; Colonel Taylor, commissary-general; Professors Mahan, Bartlett, and Church, Military Academy; Colonel Townsend, assistant adjutant-general; Lieutenant-Colonel Clitz, commanding cadets; Colonel Schriver, Majors Shiras and J. C. Willard, Messrs. Goold, Hoyt, and Herman Leroy and T. d'Orimienlx, New York City; Mr. Henry Burden, Troy, N. Y.; Mr. Gouverneur Kemble, Cold Spring, N. Y.; W. B. Cozzens, West Point; Mr. J. W. Andrews and Judge Joseph Swan, Columbus, Ohio; Michael Sullivant, Illinois.

As far as possible I beg leave to suggest that it may be well to take up the subjects in chronological order.

If in the foregoing it shall appear I have omitted anything, I trust to the indulgence of the court to permit me to add whatever may be wanting.

Very respectfully,

The court was cleared.

IRVIN MCDOWELL,

Major-General.

The court was opened, when it was decided to adjourn until to-mor row, the 27th November, 1862, at 11 o'clock a. m.

The court was opened, and its decision respecting a plan of investigation announced.

The court, having carefully considered the foregoing proposition of Major-General McDowell, decide to proceed to the investigation in accordance with the following, making hereafter such modifications or amplifications as may be suggested by the course of the proceedings and be deemed necessary:

To examine and inquire into any and all accusations or imputations of treachery or disloyalty on the part of General McDowell, and to examine and inquire into his whole conduct as a general officer since August 24, 1861, being the date on which General McClellan assumed command of the Army of the Potomac.

For the convenience of the investigation the aforementioned time will be divided as follows, being the periods of time when General McDowell commanded:

1st. A division in the Army of the Potomac, under Major-General McClellan, from August 24, 1861, to March 13, 1862.

2d. The First Army Corps, Army of the Potomac, under Major-General McClellan, from March 13, 1862, to April 4, 1862.

3d. The Department of the Rappahannock, under the orders of the President and the War Department, from April 4, 1862, to June 26, 1862. 4th. The Third Army Corps, Army of Virginia, under Major-General Pope, from June 26 to September 6, 1862.

With a view to a statement of facts and an expression of opinion the court will

1st. Examine the correspondence of General McDowell with the enemy's commanders or with any one within the enemy's lines.

2d. Examine and inquire into the conduct pursued by General McDowell toward the inhabitants of the country occupied by United States forces with reference to themselves or their property.

3d. Inquire whether General McDowell has fulfilled his duty as a commander to those placed under him and as a subordinate officer to those placed over him, giving heartily, and to the extent of his capacity, all the support in his power.

4th. Inquire whether General McDowell has or has not failed to go to the aid of, or send re-enforcements to, a brother commander; and, if he has so failed, for what reasons.

The attention of the court was called to an article in a newspaper of which the following is a copy, and the recorder was directed to summon the writer as a witness to appear before the court:

General IRVIN MCDOWELL:

68 SAINT MARK'S PLACE,

New York, September 24, 1862.

SIR: I have recently noticed in the New York Herald your modest request, by letter, that the President would cause a court to be instituted to investigate charges brought against you by a "dying officer," &c.

In your letter you also send forth the following challenge:

"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 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."

Now, sir, I don't know what frame of mind you was in when you wrote such a defiant letter. I cannot say you were then under the influence of liquor, as I have seen you at other times, both in the field and out, but that you are one of those brazenfaced Christians who bid defiance to truth I have not the least doubt.

And as I have no greater hope than yourself that any such court will be called, I will take this opportunity of making a few brief statements of facts, which you may also deny.

On the 3d of July, 1861, I was in Ellsworth's camp; I there visited and heard the sad stories of many sick soldiers-sick, purged, and vomited from living on musty crackers, salt fat junk, and bad water. This was all the food allowed them. They offered to pay for vegetables, but the rebels of Alexandria would not sell them. One man was complained of for plucking an ear of corn. You, as a general, instead of seeing to the wants of your army, issued an order to the rebels, authorizing them to shoot any man who would trespass upon their property; but you did not make any provision for the health of your troops. These same men were constantly being shot at while on picket duty, but your peremptory orders were not to return fire upon the rebels. A negro servant, owned by Richard Windsor, went to Ellsworth's camp, and informed against his master as being a colonel in the rebel army and then about to go to his regiment. The captain in command went with a squad of his men and overtook Colonel Windsor on the road. He had his carpet-bag, containing his uniform, a brace of pistols, dirk, &c., with him. He offered the captain all his money ($500) if he would let him off, but the captain was one of those who would not be bought. The temper of the rebel then gave way, and he declared that he was a secessionist, and would never be anything else; also that he would soon be out of the scrape. He forthwith wrote a letter to you, general, when you promptly sent orders for your friend's release, at the same time ordering the brave captain into confinement because he had done what he thought was his duty, but whom you never brought to trial.

These, with others, were the causes of mutiny in the regiment, as some may remember. The men declared they would not stand up to be shot whilst they were not allowed to defend themselves.

Is this what you call loyalty! If this alone be true (and I do believe my many authors, both officers and men), I wonder you have escaped hanging.

If a drunken man is incapable of holding office I am satisfied you are, for I have seen the proofs at Fairfax Court-House and in Washington, and I am sorry to say there are more of the same sort in command of our army, whose time would be short if we had not such a good-natured man for President.

We have the bravest soldiers the world ever saw, and I wish I could say the same of their leaders; "but it is a long lane that has no turning."

Your obedient servant,

Colonel R. D. GOODWIN.

The court informed Major-General McDowell that it would receive the depositions of the witnesses named by him on the charge of drunk

enness.

The court instructed the recorder to address a communication to the assistant adjutant-general, Headquarters of the Army, requesting that the following-named witnesses be summoned to appear and give evidence before this court, viz: Major-Generals McClellan, Pope, and Sigel; Brigadier-Generals Ricketts, Roberts, Hartsuff, Haupt, Wadsworth: Cols. E. Schriver, Key, aide-de-camp, Morgan, aide-de-camp, Lyle, Ninetieth Pennsylvania Volunteers, Biddle, Ninety-fifth New York Volunteers, Ruggles, assistant adjutant-general, Buchanan, U. S. Army; Lieutenant-Colonels Myers, assistant quartermaster, Smith, First Ohio Cavalry; Majrs. J. C. Willard, Sanderson, commissary of subsistence, S. Breck, assistant adjutant-general, S. F. Barstow, assistant adjutantgeneral, Tillson, Maine Artillery; Captains Krebbs, Jewett, Cutting, and Hodge.

The court adjourned to meet to-morrow, the 28th instant, at 11 o'clock

a. m.

SEVENTH DAY.

COURT-ROOM, 467 SOUTH FOURTEENTH STREET,

Washington, D. C., November 28, 1862—11 a. m.

The recorder stated that, in compliance with instructions of the court at its last sitting, he addressed the following communication to the Headquarters of the Army.

COURT-ROOM, 467 SOUTH FOURTEENTH STREET,

ASSISTANT ADJUTANT-GENERAL,

Washington, D. C., November 27, 1862.

Headquarters of the Army, Washington, D. C.:

COLONEL: I am instructed by the court of inquiry convened pursuant to Special Orders, No. 350, current series, from the Headquarters of the Army, to request that the following-named witnesses may be summoned to give evidence before the court, viz: Major-Generals McClellan, Pope, and Sigel; Brigadier-Generals Ricketts, Roberts, Hartsuff, Haupt, Wadsworth, Augur (if he can be spared), and Welch, commissarygeneral, of New York; Cols. E. Schriver, aide-de-camp, Key, aide-de-camp, Morgan, aide-de-camp, Ruggles, assistant adjutant-general, Lyle, Ninetieth Pennsylvania Vol. unteers, and Biddle, Ninety-fifth New York Volunteers; Lieutenant-Colonels Myers, assistant quartermaster, and Smith, First Ohio Cavalry; Majrs. J. C. Willard, Sanderson, commissary of subsistence, S. Breck, assistant adjutant-general, S. F. Barstow, assistant adjutant-general, and Tillson, Maine Artillery; Captains Krebbs, Jewett, Cutting, and Hodge.

I am, very respectfully, your obedient servant,

L. H. PELOUZE, Lieutenant-Colonel and Recorder.

To the foregoing an answer was received as follows:

HEADQUARTERS OF THE ARMY,

Washington, D. C., November 28, 1862.

Lieut. Col. LOUIS H. PELOUZE,

Recorder Court Inquiry:

COLONEL: In reply to your communication of the 27th I am directed by the General-in-Chief to authorize you to summon (paragraph 890, Army Regulations) the following-named officers, viz: Major-Generals McClellan, Pope, and Sigel; BrigadierGenerals Ricketts, Roberts, Hartsuff, Haupt, and Wadsworth, and Commissary-General Welch, of New York; Colonels Schriver, Key, Morgan, Ruggles; Lieutenant-Colonel Smith, and Major Breck.