[CHAP. XXVIII.

the council approved the soundness of my decision. We were all clearly satisfied as to the position of the troops of the enemy, which information we were sure the general commanding the forces could not have, or he would not have issued such an order. It was this view of the case that caused General Anderson, as he admits and as all may remember, to see his way to vote for declining the movement indicated and to counsel the retreat on Harrodsburg.

As to the Perryville affair, if I am to be tried for disobedience of orders there the question arises, What orders? Surely not what purports to be orders in the paper sent you and by you to me. That paper is not mandatory, but simply suggestive and advisory:

In view of the news from Hardee you had better move with Cheatham's division to his support and give the enemy battle immediately, &c. No time should be lost in these movements.

The order was not "you will move upon Perryville and attack the enemy early the next morning," as the paper sent you charges. The writing sent me was not an order at all, but counsel or advice to do a certain thing in view of information received from Hardee. It does not help the matter to say that I was advised to do it immediately and that it was added that no time should be lost in profiting by the advice to rout him, &c. The language was clearly not peremptory, but suggestive and advisory, and left me the use of my discretion as to the details of the attack, it being understood that I accepted the advice and proceeded to carry the operations into execution as judiciously and promptly as a willing mind and sound discretion would allow. It will be observed also that I was advised to act in view of the news from Hardee. If that remark meant anything to an officer who was counseled to move to the support of Hardee it was that he should put himself in communication with Hardee and to take that news into his account in any movement to be made. This was done, as you know, in the council held, and the result was a confirmation of what I already knew- that four-fifth of Buell's army was before me, and consequently with my small force great caution must be observed.

I am said to have acknowledge a disobedience of orders. I have done no such thing. In regard to the paper sent me for my guidance I quoted from memory. I said I was ordered to attack the enemy in the morning, and on looking at the language of the paper it appears that the word "morning" was not used at all nor is the word "attack" used, but I was to give him "battle immediately". But supposing it to have been mandatory instead of advisory which the face of the paper denies, what is understood by immediately? I could have attacked him the night of my arrival and before I had the benefit of daylight. Would I have been justified in this? Certainly not. Why? Because in the nature of things and in view of the news from Hardee, to which I was referred as the inspiration prompting the order or counsel, it would not have been judicious. I was, I conceived, left at liberty to exercise such discretion as sound sense and the facts before me demanded, and I felt that I was acting on the inside of the instructions given me, and under the deep and painful conviction that the force at my disposal was totally inadequate to perform the duty assigned it; and while I must attempt that duty I should do it in such a way as to prevent the wreck and destruction of the little with whose conduct and safety I was charged. I took counsel of the general officers with me, frankly stating the whole case as I understood it. I expressed my opinion as to what my duty required me to do in view of all the facts. They unanimously agreed with me so far as I remember, and I proceeded to execute the sugges-