under a flag of truce to see Colonel Duffield, and there saw the enemy, who had not dared to come within range of his artillery, and was impressed with what he saw-that he returned, determined to surrender. This is proved by his calling a council of this company commanders and his lieutenant-colonel [Chauncey W. Griggs]. They, by a viva-voce vote, decided to fight. Part of them went from the council. Colonel Lester reopened and reargued the matter. A ballot vote was taken and the force was surrendered. This was done by the statements and influence of Colonel Lester. Lieutenant-Colonel Griggs bitterly opposed the surrender and voted against it to the last. Not a man was killed in the line of the Third Minnesota during the day. I state the facts without comment.

With a few men I held my headquarters until after the court-house was taken. I early sent a messenger, in citizen's clothes, with orders to Colonel Duffield, but he could not pass through the enemy's lines. They had quarters surrounded from the time they entered the square. I submit copies of reports made to me and refer to them. I respectfully demand a court of inquiry into the disaster at Murfreesborough.

T. T. CRITTENDEN,

Brigadier-General, late Commanding Post.

Lieutenant Colonel J. P. GARESCHE,

Assistant Adjutant-General and Chief of Staff.

[Indorsement.]

HEADQUARTERS DEPARTMENT OF THE CUMBERLAND,
Nashville, Tenn., November 26, 1862.

Respectfully forwarded to the Adjutant-General of the Army, with the request that his case may receive prompt attention and that Colonel Lester be ignominiously dismissed the service.*

As Captain [John A.] Tanner is under my command, I propose to avail myself of the authority delegated to me by the Secretary of War and shall dismiss him.+ General Crittenden I will order to duty.

W. S. ROSECRANS,

Major-General, U. S. Volunteers, Commanding Department.

Numbers 3.

Findings of a Court of Inquiry.

GENERAL ORDERS, HDQRS. DEPT. OF THE CUMBERLAND,

Numbers 4. Murfreesborough, Tenn., January 24, 1863.

I. At a court of inquiry, convened at the city of Nashville, December 17, 1862, by Special Field Orders, Numbers 19, Headquarters Fourteenth Army Corps, Department of the Cumberland, on the request of Brigadier General T. T. Crittenden, to investigate and give an opinion on the facts connected with the surrender of the troops at Murfreesborough, under his command, of which court Brigadier General James G. Spears was president Colonel Joseph R. Scott, Nineteenth Regiment Illinois Volunteers, was recorder, the following facts were found were found upon the testimony:

1st. That he (General Crittenden) assumed command of the post at

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*Dismissed December 1, 1862. + Dismissed, to date September 22, 1862.

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