War of the Rebellion: Serial 014 Page 0352 THE PENINSULAR CAMPAIGN, VA. Chapter XXIII.

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HEADQUARTERS FIFTH ARMY CORPS, Westover Landing, Va., August 3, 1862.

Brigadier General S. WILLIAMS,

Assistant Adjutant-General, Headquarters Army of the Potomac:

GENERAL: I have the honor to request that Brigadier General John H. Martindale, commanding First Brigade, Morell's division, be relieved from duty with this army corps.

On the morning of the 2nd July, immediately after the defeat of the rebel army and while our army was being withdrawn from Malvern Hill, Brigadier-General Martindale did propose to one or more officers of this command or in their hearing, and to one officer of influence and rank of his own brigade in a manner to influence his judgment, "to lay down their arms; surrender to the enemy while they could obtain terms."

Immediately after making this proposition General Martindale did leave his command and proceed to the rear, preceding by several hours his brigade to camp.

These facts, which I am prepared to substantiate, have destroyed whatever of confidence, as a general and disciplinarian, I have had in him for the past two months, and I have reason to believe that of his brigade. If this application be granted, I desire General Martindale may be informed of the ground on which he is relieved.

I am, general, very respectfully, your obedient servant,

F. J. PORTER,

Major-General, Commanding.

[Addenda.]

SPECIAL ORDERS, HDQRS. OF THE ARMY, ADJT. General 'S OFFICE,

No. 280. Washington, October 6, 1862.

I. A court of inquiry is hereby appointed to meet in this city on the 8th instant, or as soon thereafter as practicable, to investigate the charges against Brigadier-General Martindale.

Detail for the court.-Brigadier General W. S. Harney, U. S. Army; Brigadier General Silas Casey, U. S. Volunteers; Brigadier General David B. Birney, U. S. Volunteers.

* * * * *

By command of Major-General Halleck:

E. D. TOWNSEND,

Assistant Adjutant-General.

GENERAL ORDERS, WAR DEPARTMENT, ADJT. General 'S OFFICE,

No. 178. Washington, October 31, 1862.

I. The court of inquiry appointed to meet in the city of Washington, D. C., on the 8th instant, pursuant to Special Orders, No. 280, dated Headquarters of the Army, Adjutant-General's Office, Washington, October 6, 1862, and of which Brigadier General W. S. Harney, U. S. Army, is president, has investigated the charge preferred by Major General Fitz John Porter against Brigadier-General Martindale, U. S. Volunteers.

It being the opinion of the court that the charge against Brigadier-General Martindale is disproved, and that the interests of the service do not require the further investigation of the subject-matter of the inquiry, Brigadier-General Martindale is restored to duty.