I do not know precisely what the necessity was for the different portions of the army being in their various positions. I infer that it was necessary to keep the army somewhat scattered at that time in order to procure forage and subsistence; and this might not have been one of the reasons; there might have been other and better ones. I have stated already the points where I think the troops were located.

The Commission adjourned to meet March 5, 1863, at 10 o'clock a. m.

CINCINNATI, Thursday, March 5, 1863.

The Commission met pursuant to adjournment. All the members resent; also the judge-advocate and General Buell.

The examination of General CRITTENDEN continued.

By General TYLER:

Question. General, who was your immediate commander and to whom did you make your report? I have reference to the battle of Perryville and about that time.

I never made but one written report; that was addressed to General Buell. General Thomas was the second in command of that army and was with my command. All verbal reports I made to him. General Buell was the commander of the army and General Thomas the second in command. I received verbal orders from General Thomas alone to the best of my knowledge. I am not sure that my orders did not all come from General Thomas. I think there was an order from General Buell addressed both to General Thomas and to me. Whether I received it first or received it from General Thomas I cannot now testify.

Question. Did you stand in the same relation to General Thomas that a brigade commander stands to his division commander?

I consider myself in my relation to General Thomas as a subordinate officer. I was entirely under his command as much as I was under General Buell's, and I see no difference between the relation in which I stood to General Thomas and the relation a brigade commander stands to his own division commander.

By General DANA:

Question. With the rebel army under Bragg approaching Sparta from the direction of Pikeville and with the Army of the Ohio approaching Sparta from the direction of McMinnville would either of them expose his flank to the other?

I should think not. Perhaps when very near to Sparta, as the roads converge, the nature of the country and the roads, for aught I know, might expose the flank of either army.

Question. You stated that the rebel army in its march would necessarily have to approach McMinnville within the distance of a few miles before it could be decided whether it would approach McMinnville or approach Sparta from that point. Now, with the rebel army at this point, when it became decided that it would go to Sparta, and the Army of the Ohio at McMinnville in observation of the rebel army, would be flank of either army in approaching Sparta have been exposed to the other?

The rebel army having approached to within a few miles of McMinnville and the Army of the Ohio being in possession at McMinnville would expose its rear undoubtedly in an attempt to move on Sparta, because it would have to go back to Spencer in order to march to Sparta; but I cannot say that its flank would have been exposed at all. As I have said, when it approached very near to Sparta, where, if the country would admit of the passage of troops and the distance from the road by which our army would have necessarily had to go toward the enemy from the road by which the enemy would go, as the distance would be quite short, it might have exposed its flank there. But as I understand the road which approaches to McMinville and the roads to Sparta, I do not see how the flank of Bragg's army would have been exposed except as I have stated.

36 R R-VOL XVI